Allahabad High Court
Shahjad Khan vs State Of U P And 6 Others on 17 October, 2022
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- MATTERS UNDER ARTICLE 227 No. - 4109 of 2022 Petitioner :- Shahjad Khan Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Dhananjay Kumar Thakur Counsel for Respondent :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. The writ petition is filed by complainant, who is aggrieved that summoning order passed under Section 204 Cr.P.C. against Opposite Parties No. 2 to 7 was limited to the offences under Sections 147, 148, 149, 323, 504, 506 IPC whereas sufficient material was available to summon them under Sections 354 IPC read with 3/5 POCSO Act.
2. Learned counsel for petitioner, on instruction, submits that the stage to alter charge will be available to petitioner under Section 246 Cr.P.C. and this writ petition be disposed of with liberty to petitioner to approach the concerned Court by filing appropriate application at the stage of Section 246 Cr.P.C. i.e., framing of charge in a complaint case and prayed that Trial Court be directed to consider the same in accordance with law.
3. Learned AGA appearing for State has no objection to aforesaid request.
4. In view of above, without interfering with the impugned order at this stage, the writ petition is disposed of that in case application is filed at the stage of proceeding under Section 246 Cr.P.C. regarding adding of charges, the Trial Court shall decide the same in accordance with law.
Order Date :- 17.10.2022/AK (Sl. No. 1 out of 335 fresh cases)