Disposed

Suresh Chandra Sharma v. State of U.P. and 9 Others

Allahabad HC24 Jan 2023A482/1262/2023

Case brief

AI extract

What is this about?

In this special application under Section 482 Cr.P.C., the Court granted liberty to the applicant to file a fresh petition to refer the case to the Court of Sessions for adding serious charges. The Petition was disposed without expressing any opinion on the merits.

What did the court decide?

Liberty granted to move a fresh application under Section 216/323 Cr.P.C. to alter charges and refer matter to Court of Sessions.

Suresh Chandra Sharma Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 67

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Case :- APPLICATION U/S 482 No. - 1262 of 2023

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Applicant :- Suresh Chandra Sharma Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Gaurav Kumar Yadav,Rajrshi Gupta,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This application u/s 482 Cr.P.C. on behalf of the applicant/informant has been filed assailing the legality and validity of the order dated 21.10.2022 whereby learned Magistrate Aligarh, Court No. I Aligarh vide impugned order decided the application and decline to refer the matter to the court of Session.

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In this regard Sri Rajrshi Gupta, learned counsel for the applicant has submitted that an FIR was lodged weigh back in the year 2005 dated 14.12.2005 against 11 named persons under Sections 147, 148, 149, 323, 395, 397, 431, 434, 440, 504, 506 IPC.

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This matter was twice examined on the earlier occasion and both the times the Investigating Officer of the case has prepared a draft charge sheet including all the Sections of IPC. Aggrieved by this order at the behest of the accused persons, the matter was again are agitated before the concerned CO who entrusted the further investigation to the third IO of the choice of accused persons. Learned counsel for the applicant has drawn attention of the Court to page 58 of the application in which the SHO Civil Lines Aligarh have entrusted the investigation of the case to one Mr. V.K. Tiwari IO on the demand of accused persons. Sri V.K. Tiwari, after completing the investigation has submitted a charge sheet in all the sections except Section 307, 395 and 397 of IPC, which makes the offence triable by Magistrate. The third IO seems to be having a approach and diluted the rigors of the offence and submitted a charge sheet under all Section of IPC except Section 307, 395 and 397 IPC which are triable by court of Session. Since the matter was triable by Magistrate the charges were framed by the concerned Magistrate on 22.07.2015, under Sections 147, 148, 149, 323, 431, 434, 440, 504, 506 IPC, P.S. Eglas, District Aligarh dropping serious and gravious sections of IPC.

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Pursuant to this the trial proceeded and three witness have been examined.

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At this juncture, an application was moved by the applicant on 09.07.2019 referring the matter that in the exercise of power Section 323 Cr.P.C. the case may be transmitted to the court of Sessions so that offence under Section 307, 395, 397 IPC may be added and accused person may be put to trial. Vide impugned order learned Magistrate after holding a threadbare analysis of the case have decline to pass an order under Section 323 IPC.

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After hearing learned counsel for the applicant and learned AGA since the matter is pending before the learned Magistrate a liberty is granted to the applicant to move a fresh application under Section 216/323 Cr.P.C. within next 15 days for altering the charge and the learned Magistrate would apply his robust judicial sense on the material collected by the police and testimonies recorded and pass a well and reasoned order within next four weeks from the production of certified copy of this order.

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With the aforesaid directions, this 482 Cr.P.C. application is finally disposed off.

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It is made clear that the Court has not expressed any opinion either ways on the issue of merit.

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Order Date :- 24.1.2023 Ujjawal

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Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Suresh Chandra Sharma v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

Suresh Chandra Sharma v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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