High Court dismissed an application under Section 482 CrPC against Additional Sessions Court's order fixing the case for charge framing. The court found sufficient evidence and prima facie case making interference inappropriate.
Application under Section 482 Cr.P.C. against order fixing case for charge framing was dismissed.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 819 of 2023
Applicant :- Smt. Hema And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Govil Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed against the order dated 22nd September, 2022 passed by the learned Additional Sessions Court, No. 5, Gautambudh Nagar in Sessions Trial No. 783 of 2019, arising out of Case Crime No.463 of 2019, under Sections 302, 201 IPC, P.S. Jewar, District Gautambudh Nagar.
A complaint was given in the police station by the husband of the present accused/applicant no.1 stating that on 8th August, 2019, the present accused applicant had gone to give food to her cattles leaving her child Deepak on the cot and when she came back, the child was not found and it was informed to the complainant-husband of the present accused-applicant no.1. On the basis of this complaint/information, a first information report was resisted at Police Station- Jewar on 12th August, 2019, under Sections 463, 363 IPC.
Police, on this information, has started investigation to find the boy or his body. When no lead to be found, the Sniffer Dog was pressed in to service and the body of the boy was recovered. The post mortem was suggested that boy was killed by strangulation and thereafter his body was buried.
The investigating officer, after conducting the investigation, has filed charged sheet on which cognizance was taken and now the case has been fixed for framing the charge when this application was filed.
Learned trial court considering the facts and circumstance has found that if the boy was killed then why the information of his missing was given. Further, it was for the parents of the deceased to explain under which circumstance, the boy went missing and got killed. There is enough evidence which would suggest the culpability of the accused applicants for committing the offence. Police at the stage of framing of charge/ discharge,
only prima facie case to be seen and from the facts and circumstances, prima facie case is made out against the accused- applicants.
In view thereof, there is no ground appears to interfere in the matter.
Dismissed.
Order Date :- 27.1.2023 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere with the lower court's order fixing the case for charge framing in the present Section 482 CrPC application.
1 provisions across 1 enactments
Smt. Hema And 2 Others
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
