Allahabad High Court
Amarnath Chauhan And 2 Others vs State Of U.P. And Another on 26 March, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 6433 of 2021 Applicant :- Amarnath Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Pathak Counsel for Opposite Party :- G.A.,Udai Shankar Chauhan Hon'ble Rajeev Misra,J.
Heard Mr. Rakesh Pathak, learned counsel for applicants and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed challenging summoning order dated 28.1.2021 passed by Special Judge(N.D.P.S. Act)/Additional Sessions Judge, Court No. 7, Ballia, in Sessions Trial No. 121 of 2019 (State Vs. Ranjeet and others), whereby applicants have been summoned to face trial in terms of 319 Cr. P. C. At the very outset, learned A.G.A. contends that order impugned in this application is an order passed under Section 319 Cr. P. C. Concerned Sessions Court has passed the impugned order after complying with mandate of law laid down by Apex Court in Hardeep Singh Vs. State of Punjab and others, (2014) 3 SCC 92. Summoning of present applicants have been made on the basis of statements of prosecution witnesses of fact namely P.W. 1 Raghunandan Chauhan, P.W. 2 Leela Devi and p.W. 3 Radheyshyam. He further contends that since order has been passed on the basis of evidence which has come on record, therefore, the summoning of present applicants in above mentioned case cannot said to be bad in law.
Learned counsel for applicants, however, contends that as per the statement of prosecution witnesses of fact, no offence as alleged can be said to have committed by applicants.
Iit is well settled that though this Court is a superior Court, yet in exercise of its jurisdiction under Section 482 Cr. P. C., it cannot appraise and evaluate the evidence which has come on record. Aforesaid exercise is within the exclusive domain of Trial Court .
Submissions urged by learned counsel for applicants can be considered and dealt with by concerned Court, where trial is pending.
In view of above, no occasion arises before this Court to entertain this application.
This application fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 26.3.2021 HSM