Allahabad High Court
Chhote Lal vs State Of U.P. And Another on 26 July, 2022
Bench: Om Prakash Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 2668 of 2022
Petitioner :- Chhote Lal
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Suneel Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This matter under Article 227 has been filed with a prayer to set aside the order dated 11.03.2022 passed by the Special Judge, SC/ST Act, Rampur in Criminal Revision No.136 of 2019 (Chhote Lal vs. State of UP and another) and against the order dated 25.07.2019 passed by the ACJM, Rampur in Criminal Case No.1194 of 2017 (State vs. Chhote lal and others), arising out of Case Crime No.224 of 2017, under Sections 324, 504, 506 IPC, Police Station Milak, District Rampur and also prayed not to take any coercive measure in pursuance of the said order.
The main submission of the learned counsel for the petitioner is that Trial Court and Revisional Court has not passed orders in accordance with law. In the medical report of respondent no.2, there are six injuries but in the x-ray report, no bone injury was seen and opinion of doctor is that injuries are simple in nature. The allegation in the FIR is that fire arm injury has been caused to the injured Irfan by Choote Lal. Injured received injuries on his back and head. On the basis of evidence on record, Investigating Officer found that offence under Section 307 IPC is not made out against the petitioner and other co-accused. Charge sheet has been filed on 20.03.2017 under Sections 324, 504, 506 IPC. After submission of charge sheet, cognizance has been taken by the learned Magistrate on 17.06.2017 against the petitioner and other co-accused but the learned Magistrate opined that at the stage of charge, case against Chhote Lal is made out under Section 307 IPC.
Learned AGA objected the submission of the learned counsel for the petitioner and submitted that order passed by both the Courts is in accordance with law. Fire arm injury has been caused to the injured on his head and back which shows the clear intention of Chhote Lal. Order of the learned Magistrate has been confirmed by the Revisional Court in Criminal Revision No.136 of 2019 on 11.03.2022 passed by Special Judge, SC/ST Act, Rampur. There is no illegality or perversity in the impugned order.
Learned counsel for the petitioner has placed reliance on the judgment passed by the Hon'ble Supreme Court in the case of State of Gujarat vs. Girish Radhakishan Varde 2014 (1) JIC 595 SC.
In the said case, charge sheet under Sections 365, 387, 511, 386, 34, 120B, 506(2) IPC and Section 25(1)(A) of the Arms Act has been filed and after submission of charge sheet, learned Magistrate has added Sections 364, 394 and 398 IPC against which, criminal revision was preferred, which was allowed by the Additional District and Sessions Judge. Thereafter, application has been moved before the High Court of Gujarat which was dismissed and thereafter, criminal appeal has been preferred before the Hon'ble Supreme Court in which the Court had held that :
"Trial Court shall consider the plea of addition and inclusion of Sections at the stage of framing of charge under Section 211 Cr.P.C. since the matter emerged out of a police case and not a complaint case before the Magistrate in which event the Magistrate could exercise greater judicial discretion."
In the present facts and circumstances of the case, the law laid down by Hon'ble Apex Court will not help the petitioner because learned Magistrate came to the prima facie conclusion that case against Chhote Lal is made out under Section 307 IPC on the basis of allegations made in FIR and injury report, weapon used, at the time of framing the charge, which is the appropriate stage as held by Hon'ble Apex Court. Thus, the Trial Court and Revisional Court has not committed any illegality or apparent error or material irregularity in passing the impugned orders. The present miscellaneous writ petition is devoid of merit and is liable to be dismissed. In the impugned order, interference by this Court under Article 227 of the Constitution of India does not require.
Accordingly, this petition stands dismissed.
Order Date :- 26.7.2022
Priya
