Ramashankar Pandey And 11 Others vs State Of U.P. And Another
2023 Latest Caselaw 36152 ALL

Allahabad High Court

Ramashankar Pandey And 11 Others vs State Of U.P. And Another on 21 December, 2023

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2023:AHC:241680
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 46576 of 2023
 

 
Applicant :- Ramashankar Pandey And 11 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Prabodh Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.
 

1. Heard learned counsel applicants and learned A.G.A. for State.

2. The present application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 11.08.2022 and 15.02.2023; cognizance order dated 10.08.2023 as well as entire proceeding of Criminal Case No.14910 of 2023 (State Vs. Jagdish and others) under Sections 147, 148, 149, 304-(1), 324, 325, 452, 506 I.P.C., Case Crime No.43 of 2022, P.S. Parsamalik, District Maharajganj, pending in the court of Additional Chief Judicial Magistrate, Maharajganj.

3. It is submitted that learned Magistrate has summoned the applicants under Sections 147, 148, 149, 304-(1), 324, 325, 452, 506 I.P.C. whereas the charge-sheet was filed against the applicants under Sections 147, 148, 149, 452, 324, 506, 325, 308 I.P.C.

4. In this backdrop, it is urged that at the stage of summoning, it was not open to the learned Magistrate to have altered the sections other than the sections on which the charge-sheet was submitted by the Investigating Officer. Learned counsel for the applicants has placed reliance upon the judgment rendered by Hon'ble Supreme Court in State of Gujarat Vs. Girish Radhakrishnan Varde reported in 2013 0 Supreme(SC) 1070, wherein the Apex Court has observed that if a case is registered by police based on FIR, Magistrate cannot exclude or include any section into the charge-sheet after investigation has been completed and charge-sheet has been submitted by Police. Correct stage for addition or subtraction of sections will have to be determined at the time of framing of charge and not while taking cognizance on the police report.

5. On being confronted with the legal proposition, learned Counsel for the informant as well learned A.G.A. submitted that impugned summoning order be set aside directing the learned Magistrate concerned to pass afresh order in accordance with law as mandated in Radhakrishnan (supra).

6. In view thereof, the impugned summoning order is hereby set-aside leaving it open to the learned Magistrate to pass an appropriate order within a period of one month, in accordance with law.

7. With the aforesaid observations, the instant application stands allowed.

Order Date :- 21.12.2023

Meenu Singh