Allahabad High Court
Arjun Singh vs State Of U.P. And Another on 9 August, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:160795 Court No. - 89 Case :- APPLICATION U/S 482 No. - 25724 of 2023 Applicant :- Arjun Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Rohit Shukla, learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 13.03.2019 in Complaint Case No.1277 of 2012 (Old Case No.1320 of 2009), under Sections 323, 504, 506, 394, 455 I.P.C., P.S. Highway, District Mathura, pending in the court of Civil Judge (JD)/JM, FTC, Mathura.
3. Counsel for the applicant submits that the charge framed by Civil Judge (JD), Mathura under Sections 394 and 455 I.P.C. is liable to be set aside. Complainant moved application under Section 244 Cr.P.C. to summon the applicant under Section 323, 504, 506, 394, 455 I.P.C. but the application was rejected by order dated 08.10.2018, thereafter, learned Civil Judge (JD), Mathura framed the charge under Section 394 I.P.C. without evidence. The application of the complainant filed under Section 244 Cr.P.C. has been rejected by court and now framing of charge under Section 394 I.P.C. is without any evidence and liable to be quashed.
4. Per contra, learned A.G.A. opposed the submissions raised by applicant's counsel and submits that learned trial court has ample power and jurisdiction for framing of charges on the offence which he found on the perusal of evidence and framing of charges under Section 394 I.P.C. is just and proper and based on evidence. Learned Civil Judge has applied his judicial mind in framing the charges.
5. Considering the facts and circumstances of the case and submissions raised by applicant's counsel, the Civil Judge/Magistrate has ample power to frame the charges under Section for which section found evidences on perusal of documents. Trial court has found evidence of 394 I.P.C. and framed charges under that section, prima facie, satisfaction of the Judicial Magistrate for framing charge is required. I do not find any irregularity or illegality in framing the charge by the Civil Judge. No interference is warranted, at this stage.
6. The present 482 application is dismissed with the aforesaid observation.
7. However, if the applicant moves discharge application before the concerned court below, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of three months from the date of filing of discharge application.
Order Date :- 9.8.2023 Nitin Verma