Allahabad High Court
Bajrangi vs State Of U.P. And 7 Others on 31 July, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:153501 Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 2383 of 2014 Petitioner :- Bajrangi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Jokhan Prasad,Afshan Shafaut,Mohd.M.Khan Counsel for Respondent :- Govt. Advocate,Rajesh Kumar Mishra Hon'ble Subhash Chandra Sharma,J.
List has been revised. Learned counsel for petitioner as well as learned A.G.A for the State is present. No one is present from the side of opposite party.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.
The present writ petition (under Article 226 of the Constitution of India) has been moved with prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 10.12.2013 and 14.11.2013 passed by the opposite party No.2 and 3 respectively in Criminal Revision 2015 of 2013 and Criminal Case No. 186 of 2013 (Rajrangi Vs. Vishnu and others) under Sections 147, 323, 452, 504, 506 IPC and Section 3(1)(X) SC/ST Act, Police Station Khesraha, District Siddharth Nagar. Further prayer is to issue a writ order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned orders.
It is submitted by learned counsel for the petitioner that in this case, an application under Section 156(3) Cr.P.C was filed before learned A.C.J.M. Siddharth Nagar which was registered as Case No.1861 of 2013 and treated as complaint case. After recording the statements of complainant under Section 200 Cr.P.C and other witnesses under Section 202 Cr.P.C, summoning order was passed on 14.11.2013 under Sections 147, 323, 452, 504 and 506 I.P.C but no summoning was made under Section 3(1)(X) of SC/ST Act, though prima facie case under section 3(1)(X) of SC/ST Act was also made out on the basis of material on record. It is further submitted that against the summoning order, a criminal revision was filed before the court of Sessions which was registered as Criminal Revision No.215 of 2013 and was also rejected by the learned Sessions Judge by order dated 10.12.2013 without considering the material on record, therefore, this petition was preferred before this Court. It is further submitted that the contents in the application were disclosing the prima facie case under Section 3(1)(X) of SC/ST Act and likewise the statement of the complainant as well as other witnesses as recorded under sections 200/202 Cr.P.C also disclosed the offence committed under Section 3 (1)(X) of SC/ST Act but these facts were not taken into consideration, so request to allow this petition while setting aside the order passed by learned A.C.J.M. Siddharthnagar as well as learned Sessions Judge.
Learned A.G.A. has opposed the prayer as aforesaid and urged that in this case, on the basis of material and statements of complainant as well as other witnesses, summoning order was passed by the learned court below and in revision no any infirmity was found by the learned Sessions Judge that was the reason, the revision was dismissed. It has also been urged that the petitioner may have an opportunity of adducing further evidence before the learned trial court under Section 244 Cr.P.C and at the time of framing of charge as contemplated under section 246 Cr.P.C thereafter charge can be framed on the basis of material on record. Therefore, at this stage, the order passed by the learned court below, cannot be said to be illegal or improper but this petition being devoid of merit is liable to be dismissed.
Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. for the State and perusal of record, the order passed by learned courts below and the provisions as contained under section 244/246 Cr.P.C, it is evident that the petitioner may have an opportunity of adducing evidence under section 244 Cr.P.C before the learned trial court, then the stage under sections 245/246 Cr.P.C comes and if the court concerned is of the opinion that there is no ground for discharge, it may proceed to frame charge under section 246 Cr.P.C on the basis of material on record while considering the averments made in the complaint, by the complainant and other witnesses during the course of examination. At the present stage there appears no ground for interference in the order passed by the learned courts below.
Accordingly, this writ petition is disposed of finally.
Order Date :- 31.7.2023 G.S