Disposed

Israr v. State of U.P. and Another

Allahabad HC6 Feb 2023A482/42840/2022

Case brief

AI extract

What is this about?

Single judge challenged order refusing discharge in a trial for culpable homicide. Court rejected discharge arguing prima facie material of injury existed. Directed trial court to consider case diary while framing exact charge. Application disposed of without substantive ruling on merits.

What did the court decide?

Application disposed of with direction to the lower court to consider case diary material while framing the exact charge.

Israr Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 42840 of 2022

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Applicant :- Israr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Bharti 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 applicant and learned A.G.A. for the State.

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Challenge has been raised to the order dated 09.09.2022 passed by learned Additional Sessions Judge, Court No. 08, Saharanpur, rejecting the refusing for discharge of applicant in sessions Trial No. 1042 of 2021 (State Vs. Israr) under Sections - 147, 304, 323, 504 I.P.C., Police Station - Gagalheri, District - Saharanpur, arising out of case crime No. 302 of 2020.

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Submission of learned counsel for the applicant is, there is absolutely no evidence or material on the case diary as may ever make out charge of offence under Section 304 IPC. More than allegation of slapping the deceased, there is no other allegation against the applicant. Relying on the statement of the doctor who conducted autopsy, it has been submitted, wholly unreliable and imaginary statement was rendered by the doctor. The other accused are stated to have been charged for offence under Section 323 IPC. Last, it has been submitted, there is no external injury noted in the post-mortem report. The applicant had no role to play in the occurrence. Therefore, he ought to be discharged at this preliminary stage itself.

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While such submission has been advanced by learned counsel

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for the applicant, at present, there does exist prima facie material as to the occurrence in the shape of statements of the eye-witnesses as found recorded in the case diary. What exact event took place and what exact injuries may have been suffered, may remain to be considered by the learned court below at the stage of framing of charge. However, since the occurrence cannot be disbelieved completely, the discharge sought was not earned at this stage.

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The apprehensions expressed by learned counsel for the applicant that the learned court below would necessarily frame a charge of offence under Section 304 IPC, against the applicant is misconceived. The learned court below has yet not framed the charge under Section 304 IPC. The formal recitation of offence description (as alleged in the charge-sheet) at the end of the order refusing discharge, cannot be read as an opinion of the learned court below to frame charge under Section 304 IPC.

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In any case, the application is disposed of with the direction, the learned court below will act in accordance with law and consider the material and circumstances existing on the case diary while framing of charge against the applicant for the exact offence for which prima facie satisfaction may be made out.

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Accordingly, the present application is disposed of.

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Order Date :- 6.2.2023 Ashutosh

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Israr v. State of U.P. and Another

Case brief

What is this about?

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Israr v. State of U.P. and Another

Case brief

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