The Court set aside an order under Section 203 Cr.P.C. as it lacked requisite reasons and failed to establish ingredients of the sections. The matter was remitted to the Trial Court for a fresh order due to absence of an opposite party.
Impugned order under Section 203 Cr.P.C. set aside; matter remitted to Trial Court to pass fresh order.
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Neutral Citation No. - 2024:AHC:114186
Court No. - 74
Case :- APPLICATION U/S 482 No. - 4280 of 2024
Applicant :- Tasavvar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for applicants and learned A.G.A. for State.
Counsel for applicants has absolutely not read the entire file and failed to assist the Court, however, since the Court is being asked to invoke its inherent power, therefore, for ends of justice, I carefully perused the impugned order and I find that it is bereft of requisite reasons as required to assign while passing an order under Section 203 Cr.P.C. that there are sufficient grounds to proceed.
I have also perused the contents of complaint, statements recorded under Sections 200 and 202 Cr.P.C. and I find that there is a variance as to manner of occurrence as mentioned in complaint being exaggerated and not completely supported by statement recorded under Section 200 and 202 Cr.P.C.
Learned Magistrate has not assigned any reason that ingredients of Section 323, 504, 506 I.P.C. are made out, therefore, impugned order does not legally survive and accordingly set aside, however, since this order is passed in absence of opposite party No.2, therefore, matter is remitted back to learned Trial Court to pass fresh order in the light of judgment passed by Supreme Court in Lalankumar Singh and others Vs. State of Maharashtra, (2022) SCC OnLine SC 1383.
Accordingly, application is disposed of with aforesaid observation.
Registrar (Compliance) to take steps.
Order Date :- 18.7.2024 P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
3 issues framed by the court
Whether to invoke inherent power under Section 482 Cr.P.C. to quash proceedings for non-compliance of Section 203 Cr.P.C.
Whether the impugned order fails to assign reasons for proceeding under Section 203 Cr.P.C.
Whether the ingredients of Sections 323, 504, and 506 IPC are made out based on available evidence.
Colour shows how this judgement treated each authority
Lalankumar Singh and others Vs. State of Maharashtra, (2022) SCC OnLine SC 1383.Referred¶9
3 provisions across 2 enactments
Tasavvar And 2 Others
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
