Ashutosh Chaudhary vs State Of U.P.And Another
2022 Latest Caselaw 3614 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 92
 
Case :- APPLICATION U/S 482 No. - 23400 of 2021
 
Applicant :- Ashutosh Chaudhary
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Ram Sumer Chaudhary
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.

Today, the present application under Section 482 Cr.P.C. has been heard and the order was dictated as this Court was of the view that after investigation, charge-sheet has been filed against two co-accused persons under cognizable offences and against the applicant under non-cognizable offence i.e. Sections 323 & 504 IPC, the charge-sheet for the applicant chargesheeted under non-cognizable offence shall be treated as complaint under Section 2(d) Cr.P.C.

Thereafter, before signing the order, it was thought that the proposed order may involve important questions as to whether two sets of the accused persons have to be tried in one and the same trial or separately, in view of the fact that the case against all the accused persons including the present applicant arises out of the same incident and the case law, if any, may also have to be looked into and considered. None of the parties had cited any case law.

In view of above, the dictated order is not signed and keeping in view the observations made by Hon'ble the Supreme Court in the judgment passed in the case of Kushalbhai Ratanbhai Rohit and Ors. vs, State of Gujarat [(2014) 9 SCC 124], the matter requires further hearing on the point involved as stated above.

Office is directed to list this application under Section 482 Cr.PC. in the next week, for further considerations on the issue(s).

Learned counsel for the parties shall participate in the deliberations citing recent case laws on the issue.

Order Date :- 20.5.2022

Nitesh