Safeek Ahmad Vs State of U.P.and 4 Others — Allahabad HC (2020) — LawSathi Research

Safeek Ahmad Vs State of U.P.and 4 Others — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

No reinvestigation directed. Application disposed of with the observation that the informant may raise all pleas before the trial court at the stage of framing of charge; the trial court may frame charge under section 307 IPC if the offence is made out from prosecution evidence, or take recourse to section 323 Cr.P.C.; private opposite parties may seek recall of the order if aggrieved.

Issue for consideration

Whether the Court should direct reinvestigation in pursuance of the charge sheet dated 26.3.2019 in case crime no. 502 of 2018, the Investigating Officer having submitted the charge sheet only under sections 324, 504, 506 IPC and 7 Criminal Law Amendment Act despite the applicant's submission that section 307 IPC is made out, and cognizance having been taken on the lesser offences. +1 more

Court's answer

The trial court is competent ('enough competent') to frame charge for the offence under section 307 IPC if the said offence is made out from the prosecution evidence; otherwise it may take recourse to the provisions of section 323 Cr.P.C.

Ratio / Principle

The application is disposed of with the observation that the applicant (informant) has opportunity to raise all the questions/pleas raised in this application before the trial court at the stage of framing of the charge.

Key takeaways

The matter is disposed of at this stage itself without issuing notice to the private opposite parties, who, if aggrieved, may approach this Court for recalling of the order.ratio¶6

Detailed headnote1 paragraphs

S.482 Cr.P.C. — Application by informant (F.I.R. under sections 307, 504, 506 IPC and 7 Criminal Law Amendment Act, case crime no. 502 of 2018, Police Station Manjhanpur, District Kaushambi) seeking reinvestigation, the charge sheet dated 26.3.2019 having been submitted only under sections 324, 504, 506 IPC and 7 Criminal Law Amendment Act with cognizance taken thereon — Held: application disposed of at the threshold without notice to the private opposite parties (liberty reserved to seek recall); informant left free to raise all questions/pleas before the trial court at the stage of framing of the charge; trial court held competent to frame charge under section 307 IPC if the offence is made out from the prosecution evidence, failing which it may take recourse to section 323 Cr.P.C.

Court No. - 78

Case :- APPLICATION U/S 482 No. - 2827 of 2020

Applicant :- Safeek Ahmad Opposite Party :- State Of U.P.And 4 Others Counsel for Applicant :- Dinesh Mishra Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Heard Sri Dinesh Mishra, learned counsel for the applicant and learned A.G.A. for the State.

Looking to the nature of the case, the present matter is being disposed of at this stage itself without issuing notice to the private opposite parties. However, if they feel so aggrieved, they may approach this Court for recalling of this order.

The present application under section 482 Cr.P.C. has been filed with the prayer to reinvestigate the matter in pursuance of charge sheet dated 26.3.2019 submitted in case crime no. 502 of 2018 under sections 307, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Manjhanpur, District Kaushambi. Further prayer has been made to pass such order which this Court may deem fit and proper.

Initially, in this matter, F.I.R. was lodged for the offence under sections 307, 504, 506 IPC and 7 Criminal Law Amendment Act. Applicant is the informant in this case. Submission of learned counsel for the applicant is that offence under section 307 IPC is clearly made out against the accused, but the Investigating Officer has submitted charge sheet only for the offence under sections 324, 504, 506 IPC and 7 Criminal Law Amendment Act. Cognizance has also been taken in the aforesaid offence, which is illegal and without applying judicial mind.

Learned A.G.A. argued that since cognizance has been taken in the matter, applicant, who is informant, has opportunity to raise the question at the stage of framing of the charge. Prayer made in this application, at this stage, may not be entertained.

Considering the facts and circumstances of the case, hearing the

parties and going through the entire record, application is disposed of with the observation that applicant (informant) has opportunity to raise all the questions / pleas, as have been raised in this application, before the trial court at the stage of framing of the charge and the trial court is enough competent to frame charge for the offence under section 307 IPC if the said offence is made out from the prosecution evidence or it may take recourse to the provisions of section 323 Cr.P.C.

Application stands disposed of.

Order Date :- 21.1.2020 ss