In an application under Section 482 Cr.P.C., the High Court disposed of the matter without interference, observing that the Trial Court can consider investigation requirements under Section 202(1) Cr.P.C.
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Neutral Citation No. - 2024:AHC:112652
Court No. - 74
Case :- APPLICATION U/S 482 No. - 8514 of 2024
Applicant :- Uma Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar Tripathi,Shubham Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Sri Bipin Kumar Tripathi, learned counsel for applicant submits that applicant is aggrieved that his protest petition was partially allowed and instead of State case, it has been considered as a complaint case.
Learned counsel for applicant submits that applicant has to undergo entire exercise again as statement of complainant as well as other witnesses whereas there were sufficient material before the Investigating Officer to file a charge-sheet.
I have carefully perused the impugned, however, I do not find that there is merit in argument of counsel for applicant since all argument still could be considered at the stage of Section 202 (1) Cr.P.C., if the circumstances so warrant, therefore, without interfering with impugned order this application is disposed of with observation that it will be open to learned Trial Court to consider whether investigation is required or not in terms of Section 202 (1) Cr.P.C.
Order Date :- 15.7.2024 P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere with an order converting a State case to a complaint case under Section 482 Cr.P.C.
2 provisions across 1 enactments
Uma Shankar
State of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
