Anil Kumar and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Anil Kumar and 2 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the application under Section 482 Cr.P.C. challenging the charge sheet dated 30.06.2022, the cognizance-taking/summoning order dated 02.07.2022 and the ensuing proceedings is liable to be dismissed, the determinative question being who was the aggressor, an issue requiring appraisal and appreciation of evidence beyond the scope of Section 482 jurisdiction.

Court's answer

The Court accepted the submission (advanced by the learned A.G.A. for the State and counsel for first informant/opposite party-2, which applicants' counsel could not overcome) that the question as to who is the aggressor cannot be decided in exercise of jurisdiction under Section 482 Cr.P.C., as it involves appraisal and appreciation of evidence and cannot be decided in isolation of the applicants.

Ratio / Principle

The application under Section 482 Cr.P.C. fails and is dismissed.

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.), by order dated 16.3.2023 in Application U/S 482 No. 7065 of 2023, dismissed an application under Section 482 Cr.P.C. filed by Anil Kumar and 2 others challenging (i) the charge sheet dated 30.06.2022 in Case Crime No. 408 of 2021 under Sections 323, 504 IPC, Police Station Achhnera, District Agra, (ii) the Cognizance Taking Order/Summoning Order dated 02.07.2022 passed by Additional Chief Judicial Magistrate-III, Agra in Case No. Nil of 2022 (State Vs. Anil and others) under Sections 323, 504, 452 and 427 IPC, and (iii) the entire proceedings of that case. Following an accident of 28.10.2020, cross NCR reports had been registered at the behest of the applicants and the first informant/opposite party-2, and upon investigation charge-sheets dated 05.05.2022 and 30.06.2022 were submitted. The State and opposite party-2 contended that the only question was who the aggressor was, a question involving appraisal and appreciation of evidence impermissible under Section 482 Cr.P.C. and not decidable in isolation of the applicants; applicants' counsel could not overcome this. Holding that, in view of the above, the application failed, the Court dismissed it.

Court No. - 65

Case :- APPLICATION U/S 482 No. - 7065 of 2023

Applicant :- Anil Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Tiwari,Pradeep Kumar Tiwari

Counsel for Opposite Party :- G.A.,Ram Prakash Dwivedi

Hon'ble Rajeev Misra,J.

Heard Mr. Pradeep Kumar Tiwari, the learned counsel for applicants, the learned A..G.A. for State and Mr. Ram Prakash Dwivedi, the learned counsel representing first informant/opposite party-2.

Perused the record.

Challenge in this application under section 482 Cr. P. C. is to the charge sheet dated 30.06.2022 submitted in Case Crime No.408 of 2021 under Section 323, 504 I.P.C. Police StationAcchnera, District Agra, the Cognizance Taking Order/Summoning Order dated 02.07.2022 passed by Additional Chief Judicial Magistrate-III, Agra, in Case No. Nil of 2022 (State Vs. Anil and others) under Sections 323, 504, 452 and 427 I.P.C., Police Station-Achhnera, District-Agra, as well as the entire proceedings of aforementioned case now pending in the Court of Additional Chief Judicial MagistrateIII, Agra.

At the very outset, the learned A..G.A. for State and Mr. Ram Prakash Dwivedi, the learned counsel representing first informant/opposite party-2 submit that in respect of an accident, which occurred on 28.10.2020, NCR reports were registered at the behest of applicants as well as first informant/opposite party-2. Subsequently, police investigated the matter and submitted charge-sheets dated 05.05.2022 and 30.06.2022

respectively. On the above premise, they submit that the only question to be decided is as to who is the aggressor. The said question cannot be decided by this Court in exercise of jurisdiction under Section 482 Cr.P.C. as the aforesaid issue involves appraisal and appreciation of evidence, which exercise is not permissible while exercising jurisdiction under Section 482 Cr.P.C. Moreover the said issue cannot be decided in isolation of applicants. They therefore submit that present application is liable to be dismissed by this Court.

When confronted with above, the leaned counsel for applicants could not overcome the same.

6.In view of above present application fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 16.3.2023 YK

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