Single judge dismissed application under Section 482 Cr.P.C. seeking quashing of order rejecting discharge application and entire criminal trial, holding sufficient grounds for trial proceeded.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 23361 of 2018
Applicant :- Shivbaran Singh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State.
This application has been filed by the applicants with a prayer to quash the order dated 03.01.2018 by which the application under Section 227/228 of Cr.P.C. of the applicant for discharge has been rejected by the Additional District and Sessions Judge (Fast Track), Kanpur Dehat and also quash the entire proceeding of Sessions Trial No.425 of 2014 (State of U.P. vs. Shivbaran Singh and others), under Sections 307, 325, 506 IPC, Police Station Gajner, District Kanpur Dehat, pending in the court of Additional District and Sessions Judge/Fast Track Court no.2, Kanpur Dehat.
Contention has been raised by learned counsel for the applicants that in this case factual aspect of firing has not been properly appreciated by the court below and the allegations made by the applicants that no firing was ever done by the applicants, but infact firing was done by the injured himself.
Learned A.G.A. has submitted that the principle of discharge is established that in case submissions made in the first information report and the material collected during investigation is acceptable/true, even then no conviction can be had on it and then the concerned accused will be discharged. The present case in hand is not the case, which is liable to be discharged.
Upon considering the entirety of the case particularly the order impugned dated 03.01.2018, wherein each and every aspect of the case has been well considered by the court below. Discharge means if, the court below considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. Here the case in hand, there is injury report of the injured and apart from that the statement of the injured was also recorded. The case was initially lodged under Section 307 IPC, whereas after investigation charge- sheet intere alia was submitted under Section 325 IPC.
In view of above, I do not find any reason to quash the the order dated 03.01.2018 by which the application under Section 227/228 of Cr.P.C. of the applicant for discharge has been rejected by the Additional District and Sessions Judge (Fast Track), Kanpur Dehat and also quash the entire proceeding of Sessions Trial No.425 of 2014 (State of U.P. vs. Shivbaran Singh and others), under Sections 307, 325, 506 IPC, Police Station Gajner, District Kanpur Dehat, pending in the court of Additional District and Sessions Judge/Fast Track Court no.2, Kanpur Dehat. Hence, this application is devoid of merit and the same is hereby dismissed .
However, observation so made shall not touch the merit of the case.
Order Date :- 29.8.2018 Raj
Shivbaran Singh And 3 Ors
Arvind Kumar Mishra
As recorded by the court registry
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