Allahabad High Court
Smt Akhilesh vs State Of U.P. And 6 Others on 1 December, 2022
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 33444 of 2022
Applicant :- Smt Akhilesh
Opposite Party :- State Of U.P. And 6 Others
Counsel for Applicant :- Rajesh Kumar Singh,Prabhakar Pal
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C has been filed to quash the impugned order dated 24.8.2022 in Session Trial No. 355 of 2016 (State Vs. Bijendra Singh) arising out of Complaint Case No. 3331 of 2014, under Sections 354, 504 IPC, Police Station Kotwali Nagar Etah, District Etah, pending in the court of Additional District and Session Judge/F.T.C.-II, Etah.
It is submitted that in this case complaint was filed by the applicant before the court concerned in which allegations regarding use of fire arm by the opposite party was made and injury was caused to daughter of opposite party regarding which case was registered against the complainant under Section 307 IPC which is pending before the learned court concerned and trial is going on. Further submitted that fire arm was used by the opposite party causing injury to his daughter but F.I.R. was lodged against the complainant with false allegations. It is also submitted that in support of allegations made in the complaint, statements of complainant under Section 200 Cr.P.C. and other witnesses under Section 202 Cr.P.C. were recorded but learned court concerned did not consider the material on record but summoned the opposite party under Sections 354, 504 IPC but left them to summon under Section 307 IPC. After summoning, the case was committed to the court of Session for trial with cross case and trial is going on. During trial the statement of P.W. 1, the complainant has already been recorded but cross-examination is remaining. At this stage an application under Section 216 Cr.P.C. was moved by the applicant to amend the charge on the basis of material on record and statement of the complainant as recorded before the court concerned but it was rejected vide order dated 24.8.2022 holding that upto the stage, there was no corroborative evidence on record to make addition in charge, it cannot be said to be lawful, therefore, requested to quash the order in question.
Learned A.G.A. opposed the prayer for quashing the impugned order and urged that in this case, trial is going on before the learned trial court with cross case and only chief examination of the complainant has been recorded before the learned court concerned but cross examination of the witnesses has not been completed. Considering the material on record, rejected the application on the basis of uncorroborated evidence. Further urged that applicant may move an application for addition of charge under Section 216 Cr.P.C. before the court concerned at any stage of the trial before the judgment.
Considering the facts and circumstances of the case submissions made by learned counsel for the parties and perusal of record including the order in question, it appears that in this case chief examination of the complainant was recorded by the learned court concerned but it was not completed by cross examination that is the reason the application moved by the complainant was rejected by the learned court concerned in lack of corroboration of the statements of the applicant as made before the court concerned during trial. It is to note that the applicant have right to move for addition of charge under Section 216 Cr.P.C. at any stage of the trial before the judgment, after cross examination of the applicant becomes complete. She may move again for addition of charge, which will be decided by the learned court concerned on the basis of material on record. In this way, at this stage, there is no need to make any interference in the order dated 24.8.2022 as passed by the learned Additional Sessions Judge.
Accordingly, the present application is disposed of finally.
Order Date :- 1.12.2022
A. Singh
