This application under Section 482 Cr.P.C. sought to set aside an order rejecting a plea for recording a statement under Section 164 Cr.P.C. The court dismissed the application, holding that the investigation was complete and the court lacked relevance to record the statement at that stage.
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Neutral Citation No. - 2024:AHC:140486
Court No. - 82
Case :- APPLICATION U/S 482 No. - 23141 of 2024
Applicant :- Sonelal Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been filed by the applicant with prayer to allow this application and set aside the impugned order dated 29.5.2024 passed by Additional Chief Judicial Magistrate, Court No. 1, Mainpuri in Criminal Case No. 86 of 2024 arising out of Case Crime No. 397 of 2022, under Sections 420, 467, 468, 471 IPC, Police Station Bhogoan, District Mainpuri.
It is submitted by learned counsel for the applicant that in this case, the applicant is aged about 95 years and his statement was to be recorded during the course of investigation by the Investigating Officer regarding which he moved an application before the learned court to get his statement recorded under Section 164 Cr.P.C. before the learned court but this application was rejected, therefore, request to set aside the order passed by learned A.C.J.M. court no. 1 dated 29.5.2024.
Learned A.G.A. opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, order dated 29.5.2024, it appears that in this case application for recording statement of the applicant under Section 164 Cr.P.C. was moved before the learned court concerned which was rejected by the learned court on the ground that investigation was over and charge sheet was also submitted by the Investigating Officer.
In view of aforesaid situation of the case where investigation
become over and charge sheet was filed by the Investigating Officer, there appears no any relevance of statement of applicant under Section 164 Cr.P.C. but during the course of trial his statement will be recorded if he is summoned at the request of prosecution as prosecution witness.
Accordingly, the present application is dismissed .
Order Date :- 31.8.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether application for recording statement under Section 164 Cr.P.C. should be entertained post-filing of charge sheet.
Sonelal
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
