Application under Section 482 Cr.P.C. challenging the summoning order was dismissed. The High Court held it cannot appraise evidence at the summoning stage and noted prima facie disclosure was established.
Application under Section 482 Cr.P.C. dismissed.
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. - 83
Case :- APPLICATION U/S 482 No. - 14044 of 2020
Applicant :- Deepshikha And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Sanjay Kumar Mishra, learned counsel for the applicants and learned AGA for the State.
The applicants have assailed the summoning order dated 06.12.2019 passed by the learned trial court.
The applicants have been summoned under Sections 504, 506, 325 and 427 I.P.C. The learned trial court has accorded full and complete consideration to the contents of the complaint as well as the statement under Section 200 Cr.P.C. and the medical reports. The order dated 06.12.2019 records that the complainant in her complaint has asserted that she was physically assaulted, abused and threatened by the applicants. One of the applicants namely Vicky outraged the modesty of the complainant. When the complainant tried to call for emergency police, the said applicant Vicky snatched her mobile phone and broke it. The applicants Vikki and Amitabh also broke the glass of the car of the complainant. The said applicants also snatched the chain and bag containing a sum of Rs. 45,000/- along with other documents. When the complainant raised alarm, a number of persons namely, Ravi Prakash, Udit, Navab and Wahid came and rescued her. The learned trial court has issued notices to the
applicants under Sections 504, 506, 325 and 427 I.P.C. upon consideration of the aforesaid evidence before it.
The court while issuing summons and in any case this Court under Section 482 Cr.P.C. cannot appraise or evaluate the evidence in detail. At the stage of summoning, only a prima facie disclosure of offence has to be examined. This as stated earlier has been done.
Learned counsel for the applicants Shri Sanjay Kumar Mishra contends that there is contradiction of the statements of the witnesses. I am afraid that this means an appraisal and evaluation of the evidence. This Court exercising jurisdiction under Section 482 Cr.P.C. cannot undertake such exercise.
The application under Section 482 Cr.P.C. is dismissed.
Order Date :- 7.12.2020 Dhananjai
1 issue framed by the court
Whether the High Court can appraise or evaluate evidence under Section 482 Cr.P.C. at the stage of summoning.
1 provisions across 1 enactments
Deepshikha and 4 Others
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
