Disposed¶13

Rohit v. State of U.P. and Another

Allahabad HC26 May 2023A482/16550/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application disposed of by Allahabad High Court (J.J. Munir, J., 26.5.2023; 2023:AHC:118497); challenge to summoning order dated 02.02.2023 of ACJM, Court No. 2, Etawah in Case Crime No. 506 of 2021, P.S. Jaswant Nagar, Etawah; Sections 147, 148, 149, 307, 323, 504 IPC; vicarious liability of member of unlawful assembly; role limited to slapping; gun-shot wound to thigh; charge must be tried, defence not examinable in 482 proceedings; no quashing; bail to be considered expeditiously on surrender within fifteen days.

What did the court decide?

Application disposed of; proceedings not quashed. Direction that if the applicant surrenders within fifteen days and makes an application for bail, both Courts below shall consider the bail application expeditiously, in accordance with law. ¶13

Rohit Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the order dated 02.02.2023 of the Additional Chief Judicial Magistrate, Court No. 2, Etawah, and the criminal proceedings against the applicant arising thereunder, ought to be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

The charge against the applicant may be true or it may be false, but nevertheless it is a charge that has to be tried.

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Ratio / Principle

It is not for the Court to examine the applicant's defence in proceedings under Section 482 Cr.P.C.

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Key takeaways

No case is made out for quashing the impugned proceedings.ratio¶12
In case the applicant surrenders within fifteen days and makes an application for bail, his bail application shall be considered by both Courts below expeditiously, in accordance with law.ratio¶12
The applicant's liability is apparently vicarious, with the aid of Section 149 of the Penal Code, even though he has not been credited with the role of shooting or assaulting with sticks; the five men who came to his aid formed an unlawful assembly.

Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir, J.) — Application under Section 482 Cr.P.C. against the order dated 02.02.2023 of the Additional Chief Judicial Magistrate, Court No. 2, Etawah, in Case Crime No. 506 of 2021 under Sections 307, 323, 504 I.P.C. (applicant summoned for Sections 147, 148, 149, 307, 323, 504 I.P.C.), P.S. Jaswant Nagar, District Etawah. Applicant's assigned role was slapping Prithviraj Singh, with no deadly-weapon assault attributed to him; on the prosecution version five men, including the applicant, formed an unlawful assembly and a gun-shot injury was caused to Satyapal Singh. Held: the charge, whether true or false, is a charge that has to be tried; the applicant's liability is apparently vicarious with the aid of Section 149 of the Penal Code; the applicant's defence cannot be examined in a Section 482 Cr.P.C. proceeding; no case for quashing was made out. Application disposed of with a direction that on surrender within fifteen days and a bail application, both Courts below consider bail expeditiously in accordance with law.

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Neutral Citation No. - 2023:AHC:118497

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 16550 of 2023 Applicant :- Rohit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jata Shankar Pandey,Suresh Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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The applicant has come up challenging the order dated 02.02.2023 passed by the Additional Chief Judicial Magistrate, Court No. 2, Etawah in Case No. 83 of 2023, State v. Gajendra and others (arising out of Case Crime No. 506 of 2021), under Sections 307, 323 and 504 I.P.C., Police Station - Jaswant Nagar, District - Etawah.

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It is argued by learned Counsel for the applicant that the Investigating Officer after investigation, has put in a report for the learned Magistrate, committing a manifest illegality, looked into non-existent material in the case diary and summoned the applicant to stand his trial for offences punishable under Sections 147, 148, 149, 307, 323 and 504 I.P.C.

¶8

It is further argued by learned Counsel for the applicant that so far as the applicant is concerned, the role assigned to him is of slapping Prithviraj Singh. Rohit has not been credited with the role of assault using deadly weapons and, therefore, no offence under Section 307 I.P.C. is ex facie disclosed against him. The way the offence is described, Rohit came over to the complainant's flour mill ( atta chakki ) and slapped Prithviraj Singh, who called over his family members. Soon, Rohit's family members came over, one of them armed with a rifle and others with sticks. The ensuing assault

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by this assemblage of men on Rohit's side led to Satyapal Singh, son of Tara Chandra Singh, sustaining a gun-shot wound to his left thigh. The wound is described as a "lacerated wound on left thigh anterior and upper part with fabric and bullet inside".

¶10

In addition, Mahaveer Singh, son of Omprakash Singh and Madhuraj Singh, son of Deep Singh have also sustained injuries with a hard and blunt object compatible with the weapons wielded by others. The men who came to the applicant's aid and assaulted the complainant were a total of five men, including Rohit, and, therefore, formed an unlawful assembly within the meaning of Section 149 of the Penal Code. It is for the said reason that Rohit has been charged with an offence of Section 307 I.P.C., amongst others, with the aid of Section 149 of the Penal Code. Rohit's liability in the matter is apparently vicarious, even if he has not been credited with the role of shooting or assaulting with sticks.

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Looking to the aforesaid facts, the charge against the applicant may be true or it may be false, but, nevertheless, it is a charge that has to be tried. It is not for this Court to examine applicant's defence in the present proceedings under Section 482 Cr.P.C.

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No case is made out for quashing the impugned proceedings. However, in case the applicant surrenders within fifteen days of date and makes an application for bail, his bail application shall be considered by both Courts below expeditiously, in accordance with law.

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This application is, accordingly, disposed of.

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Order Date :- 26.5.2023 / Prashant D.

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Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad

Rohit v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rohit v. State of U.P. and Another

Case brief

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