Allahabad High Court
Shravan And 2 Others vs State Of U.P. And Another on 1 July, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:105686
Court No. - 74
Case :- APPLICATION U/S 482 No. - 9637 of 2024
Applicant :- Shravan And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjive Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Sanjive Kumar Gupta, learned counsel for applicants and Sri R.K.Singh, learned A.G.A.
2. By means of this application, applicants have prayed for setting-aside the entire proceedings of Criminal Misc. Case No.48/2022 (S.T. No.2129/23) filed by O.P. No.2 against the applicants pending before the Additional Sessions Judge/Special Judge (D.A.A.) Buduan and also quashing the summoning order dated 4.10.2023 under Section 394 I.P.C., Police Station-Kotwali, distict-Buduan.
3. Applicants before this Court are aggrieved by summoning order dated 4.10.2023, passed under Section 204 Cr.P.C.whereby they have been summoned to face trial under Sections 394 I.P.C.
4. In order to consider arguments of learned counsel for applicants that learned Trial Court has not considered police report whereby no offence was made out in the F.I.R. and final report was submitted as well as statements recorded during proceedings under Sections 200 and 202 Cr.P.C. that there was a reference of an injured, but no injury report was placed on record.
5. This Court takes note of judgment passed by Supreme Court in Lalankumar Singh and others vs. State of Maharashtra, 2022 SCC OnLine SC 1383, that requisite reasons are required to be mentioned in the order for summoning passed under Section 204 Cr.P.C. that there are sufficient grounds for proceeding.
6. In order to further appreciate, I have carefully perused the impugned order and relevant part of it is mentioned as under:
"???????? ?? ?????? ?? ?????? ?? ?? ??????? ?? ???? ???? ???? ??? ?????????? ??? ??? ???? ?? ?? ???? ???? ?? ????, ?????? ??? ?????? ?? ???? ?????? ?? ???? ?????? ?? ???? ????? ?? ???? ?? ????? ????, ??? ???? ????? ?? ??? ?? ???? ?? ??? ???? ??? ???? ?? ???? ????? ?? ??? ?? ???? ????? ???? ? ?????? ?? ????? ?? ??? ??? ???? ??? ??? ???? ???? ????? ???? ??? ??? ??? ?????? ??? ?? ????????? ???? ? ??? ??? ?? ??? ???? ??????? ?? ???? ????? ?? ???????? ???? ??? ?????????? ???????????-? ?? ??? ??? ??? ???????? ????? ??? ????? ???? ???? ??? ??? ?? ?? ???? ???? ?? ????, ?????? ? ?????? ?? ???? ?????? ?? ??? ???? ??? ????? ?????? ???? ?????? ?? ???? ???? ?????? ?? ???? ?????? ?? ????? ???? ???? ?? ????? ?? ??? ?? ???? ?? ???? ???? ??? ?? ???? ?? ??? ???? ??, ???? ?? ???? ??? ?? ?????? ?? ???? ????, ???? ? ?????? ?? ???? ??? ??? ???? ??? ???? ????? ?? ??? ?? ???? ?? ??? ?? ???? ???? ?? ??? ????? ???? ???? ??????? ?????? ????? ???????????-? ???????? ?????? ?? ?? ?????? ?? ????? ?? ?????? ???? ??? ???????? ? ?????? ???????? ??????? ?? ????????????? ????????? ????, ?????? ??? ?????? ?? ??????? ????? ??????? ????? ???????? ???? ??? ????????? ?? ???? ???? ???? ??, ??? ???? ????????? ???? ???? ?? ???????? ?????? ???? ??? ???? ???? ????? ??? "
7. Learned Trial Court has given reasons that there are sufficient grounds to proceed against applicants that all the applicants have made an offence of robbery. The statements recorded under Sections 200 and 202 Cr.P.C. have supported the complaint case. So far as other argument as to whether during occurrence of robbery any hurt was caused or not, at this stage, Court is not aware as to whether any injury report has been submitted or not though there is a reference qua to it. Otherwise also, it would be subject matter of trial as to whether on basis of evidence, still to be filed, whether it would be an offence or not under Section 392 or 394 I.P.C. This Court does not find any reason to interfere with the impugned order which has assigned reasons as required under Section 204 Cr.P.C.
8. In the aforesaid circumstances, prayers made in this application are rejected.
9. At this stage, learned counsel for applicants submits that applicants will appear before learned Trial Court within a period of three weeks and in case any bail application is filed, same shall be considered in accordance with law.
10. Learned A.G.A. has no objection against the aforesaid prayer.
11. This application is disposed with a direction to learned Trial Court that in case applicants appear before learned Trial Court within a period of three weeks from today and in case any bail application is filed, same shall be considered and decided expeditiously.
Order Date :- 1.7.2024
SB
