Veeram Singh And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 21153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160514
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 24452 of 2023
 

 
Applicant :- Veeram Singh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Neha Rani,Raghvendra Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned order dated 22.05.2023 passed by learned Judicial Magistrate-IInd, Anwla, Bareilly, whereby discharge application under Section 227 Cr.P.C. of the applicants has been rejected as well as further proceedings of Criminal Case No. 1339 of 2022 (State vs. Veeram Singh and others), arising out of Case Crime No. 57 of 2022, under Sections 323, 324, 504, 506, 308 I.P.C., Police Station-Aliganj, District-Bareilly, pending in the court of learned Judicial Magistrate, IInd, Anwla, Bareilly.

3-It is submitted by learned counsel for the applicants that they have been falsely implicated in this case, no such incident took place as alleged by the prosecution. Medical report has been fraudulently obtained by the complainant side, but all these facts have not been considered by the learned Magistrate, while rejecting the discharge application of the applicants.

4-On the other hand, learned A.G.A. relying upon the judgment of the coordinate Bench of this Court in the Case of Sukhbir Singh vs. State of U.P., passed on 22.07.2022 in Criminal Misc. Application under Section 482 No. 21859 of 2021 submits that when an offence is cognizable by the Sessions Court, the Magistrate cannot probe into the matter and discharge the accused. Hence there is no illegality in the impugned order dated 22.05.2023.

5-Having heard the submission of learned counsel for the parties and perusing the record, I find that there is no dispute that the offence under Sections 323, 324, 504, 506 and 308 I.P.C. is triable by the Court of Sessions. The discharge application of the applicant has been rejected on the ground that the same is not maintainable before the Court of Magistrate. The impugned order dated 22.05.2023 is wholly impeccable. Hence the same is not liable to be interfered with.

6-In view of the above, the application lacks merit and is accordingly dismissed.

Order Date :- 8.8.2023

Kashifa