Allahabad High Court
Sanjay Yadav vs State Of U.P. And Another on 22 January, 2021
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 12815 of 2020
Applicant :- Sanjay Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash entire proceedings as well as the order dated 19.3.2020 passed by Sessions Judge, Jalaun at Orai in Session Trial No. 101 of 2019, arising out of Case Crime No. 171 of 2019, under Sections 147, 148, 452, 323/149, 504, 506 and 302/149 IPC, Police Station Kalpi , District Jalaun and further to stay further proceedings of the aforesaid Session Trial.
It is submitted by the learned counsel of the applicant that the FIR has been lodged on false grounds while the applicant has not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute alleged offences are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of his contention. It is also submitted that initially in this matter F.I.R. was lodged on 31.5.2019 for the offence under Sections 147, 148, 452, 323, 504 and 506 IPC. Applicant was named in the F.I.R. Only allegation levelled in the F.I.R. was that accused named in the F.I.R. beaten the deceased. It is also averred that during investigation deceased died on 5.6.2019. Thereafter, the Investigating Officer converted the matter into the offence under Section 304 IPC. Investigation started in the matter and charge sheet was submitted under Section 302 IPC. Accused appeared before the Court concerned. It is further submitted that applicant has obtained bail and is participating in the proceeding of trial. It is next contended that at the time of framing of charge specific plea was taken that offence under Section 302 IPC was not made out and at most present matter comes under the purview of offence under Section 304 IPC. At this juncture, learned counsel for the applicant referred to the post mortem report and further submitted that medical evidence also indicates that offence under Section 302 IPC is not attracted in the matter. It is further submitted that trial court while framing the charge did not apply judicial mind nor perused the evidence collected by the Investigating Officer and also the medical evidence in right perspective and reached on a wrong conclusion framing charge under Section 302 IPC.
On the other hand, learned AGA submitted that though F.I.R. was lodged only for the offence under Sections 147, 148, 452, 323, 504 and 506 IPC yet during investigation deceased died, therefore, case was converted into the offence under Section 304 IPC. After investigation, charge sheet was submitted for the offence under Section 302 IPC on the basis of evidence collected during investigation. Referring to statement of witnesses it is further submitted that a prima facie case is made out against the applicant to proceed with trial for the offence under Section 302 IPC. It is further submitted that it is open to the applicant to move application at any stage of trial for aleteration or addition of charge and trial court is enough competent to alter or add the charge during trial even before pronouncement of judgment. There is no infirmity or illegality in the impugned order warranting interference by this Court.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.
In this matter, as is evident from the record, after proper investigation charge sheet has been submitted for the offence under Section 302 IPC. At the time of framing of charge, Court concerned provided opportunity of hearing to both the parties and on the basis of evidence available on record finding a prima facie case framed charge, as aforesaid. It is pertinent to mention here that the applicant has opportunity / right to move application before the Court concerned at any stage of trial for alteration, modification and addition of charge and if the plea taken by the applicant is substantiated with the evidence, the Court concerned is enough competent to alter, modify or add the charge at any stage of trial even before pronouncement of judgment. Hence, in my view, there is no infirmity or illegality in the impugned order warranting interference by this Court.
With the aforesaid observations, the application stands disposed of.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.1.2021
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