Mahendar Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

Mahendar Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 16.12.2022 set aside; matter remitted back to the Court below to decide the complaint case of the appellant in accordance with law; appeal disposed of in those terms.

Issue for consideration

Whether the judgment and order dated 16.12.2022 of the Special Judge rejecting the complaint under Section 203 Cr.P.C. was contrary to facts and law and liable to be set aside. +2 more

Court's answer

The order passed by the learned Court below (Special Judge) rejecting the complaint is perverse and against law, and the impugned order, being against law, is liable to be set aside.

Ratio / Principle

The police report was called for only regarding whether any case is registered or not, which is a limited purpose; the detailed account given therein is not to be taken into account while passing a summoning order.

Key takeaways

The ground that the witnesses are family members is not tenable in law: witnesses who are family members cannot be said to be interested witnesses where the complainant's case is supported with medical evidence.ratio¶12
On the material available on record — the allegation of the complaint and the statements of the complainant recorded under Section 200 Cr.P.C. and of witnesses under Section 202 Cr.P.C. — a prima facie case is made out.ratio¶12

Detailed headnote1 paragraphs

Criminal appeal under section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the judgment and order dated 16.12.2022 of the Learned Additional Sessions Judge Court No. 2/ Special Judge (SC/ST Act), Kanpur Dehat, in Session Case No.1037 of 2022 (arising out of Case Crime No. 457 of 2021, Sections 452, 323, 504, 506 IPC and Section 3(1)(dha) SC/ST Act, P.S. Shivli), rejecting the complaint under Section 203 Cr.P.C. Held (Gajendra Kumar, J.): (i) a police report called for only to ascertain whether any case is registered serves a limited purpose, and its detailed account is not to be taken into account while passing a summoning order; (ii) witnesses who are family members cannot be said to be interested witnesses where the complainant's case is supported with medical evidence; (iii) on the allegation of the complaint and the statements of the complainant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C., a prima facie case is made out. The rejection order was held perverse and against law, was set aside, and the complaint case was remitted back to the Court below to be decided in accordance with law. Appeal disposed of accordingly (order date 12.4.2023).

Court No. - 93

Case :- CRIMINAL APPEAL No. - 1418 of 2023

Appellant :- Mahendar Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Shiv Shankar Kaithal Counsel for Respondent :- G.A.,Noor Mohammad

Hon'ble Gajendra Kumar,J.

Despite service of notice, no one is present on behalf of respondent nos.2 to 4.

Heard learned counsel for the appellants and learned A.G.A. for the State.

This appeal has been preferred under section 14-A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) to set aside the judgement and order dated 16.12.2022 passed by the Learned Additional Sessions Judge Court No. 2/ Special Judge SC/ST Act, Kanpur Dehat in Session Case No.1037 of 2022, under Section 203 Cr.P.C. arising out of Case Crime No. 457 of 2021 under Sections 452, 323, 504, 506 IPC and Section 3(1) (dha) of SC/ST Act, P.S. Shivli, District Kanpur Dehat, whereby the complaint case has been rejected.

It has been argued by the learned counsel for the appellant that in the complaint, specific allegations are made against the accused person. In his statement recorded under Section 200 Cr.P.C. and the statement of the witnesses recorded under Section 200 Cr.P.C., the allegation made in the complaint have been supported the prosecution case. Learned Special Judge has dismissed his complaint on the ground that extraneous to the case. Referring to facts of the matter, it was submitted that the impugned summoning order, whereby the complaint case was rejected are against facts and law and thus, liable to be set aside.

On the other hand, learned A.G.A. has opposed the appeal and argued that the order has been passed on the basis of material available on record, which is correct in the eye of law.

I have considered rival submissions made by learned counsel for the parties and perused the entire record.

From the perusal of the impugned order passed by learned Special Judge, it is apparent that the said order has been passed on the basis of police report called for regarding whether any

case is registered or not, which is for a limited purpose, detail account wherein given not to be taken into account, while passing a summoning order. Another ground on which complaint has been dismissed under Section 203 Cr.P.C. is not also tenable in law as if witnesses are family member. They cannot said to be interested witness while the case of the complainant is supported with medical evidence.. From the perusal of the material available on record i.e. allegation of complaint and the statements of the complainant recorded under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C., a prima facie case is made out against the appellant.

Thus, order passed by the learned Court below is perverse and against law. Hence, the impugned order, being against law, is liable to be set-aside. In view of these facts and circumstances, it would be appropriate that matter be remanded back to the Court below to decide the complaint case of the appellant in accordance with law.

Accordingly, the impugned order is set aside and the matter is remitted back to the Court below to decide the complaint case of the appellant in accordance with law.

Appeal is disposed off in above terms.

Order Date :- 12.4.2023 Satish

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