Remanded

Dinesh and 2 Others v. State of U.P. and Another

Allahabad HC24 Jan 2023A482/39217/2022

Case brief

AI extract

What is this about?

The Single Bench set aside an order under Section 482 Cr.P.C. for summons u/s 452 IPC, noting the lower court failed to make an independent application of mind. The order was remitted to the magistrate to pass a fresh order in light of the revisional court's directions.

What did the court decide?

Impugned order dated 19.11.2020 set aside; matter remitted to the learned Magistrate to pass a fresh order in accordance with the revisional court's directions.

Dinesh and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 39217 of 2022

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Applicant :- Dinesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants and the learned AGA for the State.

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Challenge has been raised to the order dated 19.11.2020 passed by the Additional Chief Judicial Magistrate, Baghpat in Criminal Complaint Case No. 144 of 2018, Ajay Kumar Vs. Dinesh and others.

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Presently, the applicants have been summoned under Section 452 IPC.

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Submission is, learned court below has not made any independent application of mind. It has acted on the dictate of the Additional Sessions Judge, Court No.4, Baghpat contained in his order dated 13.12.2019 passed in Criminal Revision No. 102 of 2018, Ajay Kumar Sharma Vs. Dinesh and Others.

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On the other hand, learned AGA would submit, no detailed reason was required to be given by the learned court below. The role of the applicants has been specified by the complainant in his statement recorded under Section 200 and 202 Cr.P.C. Also, there exists injury report suggesting fracture injury suffered by the victim.

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Having heard learned counsel for parties and having perused the record, it is revealed, the revisional court vide order dated 13.12.2019 had only required the learned Magistrate to make a judicious application of mind to the record and pass appropriate

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order in accordance with law. No direction is contained in that order requiring the learned Magistrate to summon the accused persons under Section 452 IPC.

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Then perusal of the order dated 19.11.2020 indicates, no independent application of mind has been made by the learned Magistrate. The entire discussion made in the order is with respect to the order passed by the revisional court. From there it has been inferred, though wrongly, that the revisional court has directed the learned Magistrate to take cognizance under Section 452 IPC.

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In absence of any direction contained in the order of the revisional court, the consideration made by the learned court below is factually incorrect. In the first place, the revisional court could not have issued such a direction and in the facts of the present case, it has not issued any such direction.

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Therefore, the impugned order cannot be sustained. No useful purpose may be served in keeping the present application pending or calling for counter affidavit at this stage.

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Accordingly, the order dated 19.11.2020 is set aside. Matter is remitted to the learned Magistrate to pass fresh order keeping in mind the directions issued by the revisional court in its order dated 13.12.2019.

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Present application accordingly stands disposed of.

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Order Date :- 24.1.2023 Faraz

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Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad

Dinesh and 2 Others v. State of U.P. and Another

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Dinesh and 2 Others v. State of U.P. and Another

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