Ravindra Nishad and 12 Others vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 40494 of 2024

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Ravindra Nishad And 12 Others

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.....Applicant(s)

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Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pawan Kumar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 82

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the application is delineated below:-

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"It is, therefore, most respectfully prayed that this hon'ble Court may very graciously be pleased to allow this application and set aside summoning order dated 12.01.2018 as well as order dated 24.09.2024 passed by Additional Sessions Judge, Court No. 01, Maharajganj, in case crime no. 241 of 2017, (Session Trial No. 516 of 2023) State versus Ravindra Nishad, under sections 147, 148, 149, 308, 323, 504, 506 I.P.C, and to quash the entire prosecution of the applicants in the above noted case."

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In the present case, an F.I.R. was lodged on 23.03.2017 in respect of the incident occurred on 23.03.2017 as Case Crime No. 241 of 2017. The injured was sent to the District Hospital, Maharajganj for medical examination and the injury report reflects six injuries including an injury on the head for which the injured was referred for X-ray. The document i.e. injury report has not been annexed in the paper-book by the applicants and the same has been seen from the case diary which has been provided by the learned A.G.A. After investigation, charge-sheet has been submitted under Sections 147, 148, 149, 308, 323, 504 and 506 I.P.C. in the court and the learned Magistrate has taken cognizance and thereafter

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A482 No. 40494 of 2024

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summoned the applicants vide order dated 12.01.2018. The summoning order dated 12.01.2018 has been challenged separately.

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Learned counsel for the applicants submits that he has filed a discharge application seeking discharge of the applicants as no ingredients of Sections 147, 148, 149, 308, 323, 504 and 506 I.P.C. are made out from the material collected by the Investigating Officer in the case diary. The said discharge application has been rejected by the learned Additional Sessions Judge, Court No. 1, Maharajganj, vide order dated 24.09.2024.

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Learned counsel for the applicant further submits that the injury has been sustained to the injured person as the applicants have taken their right of private defence. He further submits that no F.I.R. has been lodged from the side of the applicants by the police.

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The defence of Right of Private defence cannot be seen at this stage as to who is aggressor. Learned A.G.A. at the first instance submits that after rejection of the discharge application, the charges have to be framed against the applicants and if the charges are framed, as per the settled law, the only remedy available to the applicants is to file a criminal revision against the order of framing of charges. He further submits that the applicants have not moved any application under Section 156(3) Cr.P.C. along with an affidavit for lodging the F.I.R. against the injured person in case of refusal by the police for lodging the F.I.R. and there is no injury report showing any injury caused to the applicants by the injured persons.

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After perusal of the entire material which is available on the record, all the ingredients of the sections has been made out. As charge-sheet has been submitted against more than four persons, therefore, Sections 147, 148 and 149 I.P.C. are made out against the applicants. So far the case is concerned of Sections 323, 504 and 506 I.P.C., the ingredient which ought to be taken into consideration is also made out of injury, insulting or abusing any person, threatening any person, causing injury or causing death to any person. So far as Section 308 I.P.C. is concerned, untill and unless the deposition of the doctor is not taken by the trial court, this Court, at this stage, cannot pass any order whether Section 308 I.P.C. is attracted or not. So far as the injury for which Section 308 I.P.C. has been

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A482 No. 40494 of 2024

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attracted is concerned, the same relates to the injury sustained on the head as per the injury report supplied by the learned A.G.A., which has not been annexed by learned counsel for the applicants along with the paperbook.

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Learned counsel for the applicants is unable to inform this Court whether charges have been framed or not. Until and unless charges are framed and the trial Court consider the material for prosecuting the accused and calling the evidence either for convicting or acquitting the accused persons, this Court at this stage cannot examine the merits of the matter.

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In view of the above facts and circumstances, at this stage no case is made out in favour of the applicants, a remedy is available to the accused/applicants that they may challenge the order of framing of charges before this Court, if charges are framed.

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Therefore, at this stage, this Court is not inclined to examine the merits of the case and the instant application is dismissed with liberty granted to the applicants to avail the remedy available in accordance with law, if charges have been framed against them.

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(Praveen Kumar Giri,J.)

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November 6, 2025

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K.Tiwari

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Ravindra Nishad and 12 Others v. State of U.P. and Another

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Ravindra Nishad and 12 Others v. State of U.P. and Another

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