Gujarat High Court
Muniruddin Fakruddin Faruqui vs State Of Gujarat & 2 on 20 August, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/4789/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4789 of 2015
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MUNIRUDDIN FAKRUDDIN FARUQUI....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR VA MANSURI, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 20/08/2015
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the petitioner-original complainant, has prayed for the following reliefs;
"(A) THIS HONOURABLE COURT MAY BE PLEASED TO direct the respondents police authorities to include the section 307 and 326 of the Indian Penal Code in the FIR registered with Patan City "A" Division Police Station, Patan being Crime Register No.I-48 of 2015 for the offence punishable under Sections 325, 323, 506(2) and 114 of the India Penal Code against the accused.
(B) THIS HONOURABLE COURT MAY BE PLEASED TO direct the respondent No.2 and 3 to immediately and forthwith include sections 307 and 236 of IPC as per the complain dated 30/06/2015 and 12/07/2015 as the serious offences have committed by the accused in the interest of justice.Page 1 of 3
HC-NIC Page 1 of 3 Created On Sun Sep 06 23:27:01 IST 2015 R/SCR.A/4789/2015 ORDER (C ) THIS HONOURABLE COURT MAY BE PLEASED TO direct the Respondent No.2 and 3 to investigate on the basis of injury certificate and include the section 307 and 236 of IPC as the petitioner is seriously received fracture injury in the incident and submit the Report in accordance to the same.
(D) THIS HONOURABLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity."
2. Having regard to the nature of the reliefs prayed for, I may only say that the law governing the trial of criminal offences provides for addition or alteration of charges at any stage of the proceedings depending upon the evidence adduced in the case. If the trial is being held before a court of Magistrate, it is open to that court, at any stage of trial, if it comes to the conclusion that the materials on record indicates the commission of an offence which requires to be tried by a superior court, it can always do so by committing such case for further trial to a superior court as contemplated in the Code of Criminal Procedure. On the contrary, if the trial is being conducted in a superior court like the Sessions Court and if that court comes to the conclusion that the evidence produced in the said trial makes out a lesser offence than the one with which the accused is charged, it is always open to that court based on evidence to convict the accused for a lesser offence. Thus, the argument regarding the framing of proper charge are best left to be decided by the trial court at an appropriate stage of the trial.
3. In the present case, it appears that the police has registered the first information report for the offence punishable under sections 325, 323, 506(2) read with 114 of Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Sep 06 23:27:01 IST 2015 R/SCR.A/4789/2015 ORDER the Indian Penal Code. According to the learned counsel appearing for the applicant and having regard to the nature of the injuries sustained by the injured, the police should have recorded the first information report for the offence under section 307 or 326 of the Indian Penal Code.
4. The District Superintendent of Police, Patan, shall look into this issue and after going through the papers of the investigation carried out so far, passed appropriate orders in that regard in accordance with law. I clarify that I have otherwise not gone into the merit of the matter.
5. With the above, this application is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) Vahid Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Sep 06 23:27:01 IST 2015