Dismissed

Parmeshwari v. State of Up and 2 Others

Allahabad HC17 Oct 2024A227/7596/2024

Case brief

AI extract

What is this about?

Petition under Article 227 challenged a magistrate's cognizance/summoning order in a complaint case and its affirmation in revision. The High Court held the medical evidence not examined at the section 202 stage could be led at the section 244 stage, and prayer for additional IPC sections was rightly rejected; petition dismissed.

What the court decided

AI extract

Parmeshwari vs State of Up and 2 Others — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:165088

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 7596 of 2024

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Petitioner :- Parmeshwari Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Bharat Singh, learned counsel for the petitioner and learned A.G.A. for the State.

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This petition under Article 227 of the Constitution of India has been filed for challenging the order dated 10.08.2023 passed by learned Judicial Magistrate First, Badaun in Complaint Case No.6191 of 2023 (Parmeshwari vs. Rajiv @ Pappu and Another) under sections 323, 504 I.P.C., P.S. Kunwargaon, District- Badaun along with order dated 05.03.2024 passed by learned Second Additional Session Judge/Special Judge (Gangsters Act), Badaun in Criminal Revision No.191 of 2023 (Parmeshwari vs. State of U.P.), through which the above order dated 10.08.2023 has been affirmed.

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Learned counsel for the petitioner sought the attention of Court over the material evidence in shape of medical report, photocopy of the same has been produced before learned revisional court, but at the same time, it has been recorded in finding while passing order dated 05.03.2024 that at the time of recording statement under section 202 Cr.P.C. petitioner failed to examine before concerned doctor by way of recording his statement under section 202 Cr.P.C. and as such the opportunity shall be available before the petitioner for the same at the time of leading evidences under section 244 Cr.P.C. Learned counsel for the petitioner further submitted that impugned orders passed by learned concerned courts are illegal and unjust and as such the same are liable to be set-aside.

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Per contra, learned A.G.A. vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioner and submitted that from perusal of material available on record as well as the impugned orders, it is crystal clear that the proceedings initiated against the petitioner are

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correct and learned court below had applied his judicial mind and rightly taken up cognizance of offence against the petitioner.

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After hearing rival submissions extended by learned counsel for the parties, it is crystal clear that the reasonings and findings recorded by learned revisional court while dismissing the criminal revision preferred at the behest of petitioner is most justified. The evidences which has not been considered as alleged in the instant petition might be considered and taken into consideration at the stage of section 244 Cr.P.C., which is yet to come up during pendency of the proceedings, which has been initiated only upto the stage of summoning the respondent nos.2 and 3 only after examining the statement recorded under sections 200 & 202 Cr.P.C.

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The arguments raised by learned counsel for the petitioner for summoning the respondent no.2 and 3 in pursuance to some additional sections of I.P.C., is also available before him at subsequent stage for which Cr.P.C. provides under the head of alteration of charges itself, but at this juncture the prayer made for summoning the respondent nos.2 and 3 in some other additional sections is rightly rejected vide order dated 05.03.2024.

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In view of the aforementioned facts and circumstances of the case, petition lacks merit and stands dismissed at this stage.

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Order Date :- 17.10.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Parmeshwari v. State of Up and 2 Others

Case brief

What is this about?

What the court decided

Parmeshwari v. State of Up and 2 Others

Case brief

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