C482/1290/2023
2023 Latest Caselaw 1724 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                    COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                         Signatures

      03.07.2023
                                            C482 No. 1290 of 2023
                                            With
                                            C482 No. 967 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. S.R.S. Gill, Advocate, for the applicant.

Mr. A.K. Sah, Deputy Advocate General, for the State.

The allegation as against the present applicants in the two C482 Applications are with regard to the involvement of them in commission of offence under Sections 420, 504 & 506 of IPC, as it was got registered against them by way of an FIR No. 347 of 2019 dated 19.05.2019.

As a consequence thereto, initially a complaint was registered under Section 156(3); the same was not entertained on account of lack of jurisdictional competence and the matter was referred to be registered as an FIR before a competent jurisdictional forum, hence the present FIR was registered at Police Station, Roorkee, District Haridwar.

Learned counsel for the applicants carves out an exception, that in the complaint proceedings and that with regard to the allegations levelled in the FIR, there are two major distinctions:

(i) With regard to the alleged plea of quantum of money which is said to have been exchange hand for an assurance to provide a job in the tax department.

(ii) In the FIR, the name of the applicant has been introduced for the first time which was initially not there in the complaint submitted earlier.

These arguments require a factual appreciation as well as an evidence and it will have no relevance also because had the action being taken under the complaint proceedings, there might have been some difference, but since the complaint was not registered initially and thereafter the FIR has been registered. Both these aspects would be requiring a trial with regard to the set of allegations for the purposes of exoneration of the applicant for the offences which has been complained of.

Factual appreciation entailing consideration of an evidence is not a subject matter falling within the domain under Section 482 of CrPC.

Hence, learned counsel for the applicants prays that the instant C482 Application may be disposed of in the light of the judgment as rendered by the Hon'ble Apex Court in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, as reported in 2022 (10) SCC 53.

The C482 Application would stand disposed of subject to the aforesaid directives issued by the Hon'ble Apex Court in relation to the 'A' category of offences, which are required to be tried as per the guidelines framed in para 3(e) of the aforesaid judgment of Satender Kumar Antil (supra).

Subject to the aforesaid, the C482 Applications would stand disposed of.

Let a copy of this order be placed in the order sheet of the connected matter.

(Sharad Kumar Sharma, J.) 03.07.2023 Mahinder/