The court dismissed an application under Section 482 Cr.P.C. seeking to quash an order summoning the applicant. It held that the prosecutrix's initial testimony remained prima facie and her subsequent hostility did not discredit the case entirely, finding no illegality in the summoning order.
The application for quashing was dismissed as lacking merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- APPLICATION U/S 482 No. - 6601 of 2018
Applicant :- Murshad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Shekhar Mishra,Om Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Chandra Shekhar Mishra, counsel for the applicant and learned AGA.
The present 482 Cr.P.C., application has been filed for quashing the order dated 18.1.2018 passed by Addl. Session Judge, F.T.C., Saharanpur in Case crime no. 75 of 2015 and S.T. No. 67 of 2016 (State vs. Gulbahar) u/s 376, 504, 506 IPC, P.S. Deo Band, District Saharanpur.
It is contended by counsel for the applicant that he has been wrongly summoned by the trial court vide order dated 18.1.2018. It is argued that the applicant was not chargesheeted and the prosecutrix though supported the prosecution version in examination in chief recorded on 22.12.2016 however subsequently when she was cross examined on 17.10.2017 she did not support the prosecution case and was declared hostile, therefore no reliance can be placed on the statement of the prosecution while summoning the applicant u/s 319 Cr.P.C.
I may record that in the examination in chief the prosecutrix has fully supported the prosecution case and it appears that after ten months on account of certain consideration she did not support the prosecution case that by itself will not discredit the entire testimony of the prosecutrix since the evidence of her hostile witness cannot be rejected in toto. Prima facie prosecutrix has made allegation of rape against the applicant and coaccused who have been chargesheeted. I do not find any illegality in the summoning order which may warrant any interference by this Court in exercise of power conferred under section 482 Cr.P.C. jurisdiction.
Accordingly, the application lacks merit and is dismissed.
Order Date :- 6.3.2018 Dhirendra/
2 issues framed by the court
Whether the application for quashing the order summoning the applicant under Section 319 Cr.P.C. lacks merit.
Whether a delay in filing chargesheet and a change in the examination-in-chief of the prosecutrix legally warrant quashing of the summons.
4 provisions across 2 enactments
Murshad
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
