Apr - High Court of Judicature at Allahabad

More documents

Recommendations

Info

432 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 6. Learned A.G.A. conversely submitted illucidely and elaborating procedure prescribed for complaint case and committal proceedings that if an accused is not tried along with the charge sheeted accused then complaint in his respect is maintainable and such an accused can be proceeded with for the same crime and offence. In this respect, learned A.G.A. drew support from Section 210 Cr.P.C. 7. Considering rival contentions, no force is found in the submissions of learned counsel for the revisionist. Facts as mentioned above indicate that in respect of murder of Bharat Lal, police investigated the offence but charge sheeted only Hari Singh. Present revisionist Jile Singh was not an accused in the aforesaid police charge sheet. Complainant-informant had no reason to array Jile Singh as an accused under Section 319 Cr.P.C. for the reason that police papers did not contain any allegation against him. For him to prosecute Jile Singh on the basis of such police investigation would have been a futile effort although, informant-complainant had credible material with him to rope Jile Singh also for the charge of murder. Having such an opinion, complainant though it fit to lodge a complaint against Jile Singh. C.J.M. committed no illegality in entertaining the said complaint. After due observance of the procedure prescribed for complaint case for offence triable by Court of Sessions that the C.J.M. has summoned the revisionist to stand trial for the murder of Bharat Singh. The procedure so adopted by C.J.M. does not amount to filing of two cases in respect of same accused. In respect of single incident, different persons can be prosecuted on the basis of different evidences but inconsonance with judicial discipline, the trial of all those persons should be conducted jointly by the same court to avoid contrary findings. It can not be said that in a complaint case different accused can not be prosecuted for committing murder of the same person when other accused has been charge sheeted by the police. 8. Contention of learned counsel for the revisionist that case which is committed under Section 309 Cr.P.C. makes court of magistrate functus officio in respect of other accused in the same crime, therefore, cannot be expected and is hereby repelled. Another reason for not accepting the said prayer is that committal of case preceds compliance of section 207 Cr.P.C. Under that section, copies of the documents are handed over to the accused and only thereafter, his case is committed to the Sessions Court. Thus, although, the case is committed to the Sessions Court under Section 309 Cr.P.C. but it is in respect of a particular accused. There cannot be any commitment proceeding in absence of accused or in respect of a person who was not arrayed as an accused at that stage. Contention so raised by counsel for the revisionist, therefore, is wholly un-impressive, meritless and is hereby rejected. 9. Another important aspect to be noted at this juncture is that Section 210 Cr.P.C. provides that in respect of identicle incident, if an accused is not being prosecuted on the basis of a police charge sheet, then he can be tried in a complaint case instituted by the same complainant. For a ready reference, the provision of Section 210 Cr.P.C. is reproduced below; "(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry
1 All] Union of India and others V. State of U.P. and another 433 or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such export cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code." 10. In view of the above, I do not find any reason to set aside the summoning order of the revisionist as has been prayed for and, therefore, I do not find any merit in this revision. 11. However, it is desirable for this Court to direct that since the complaint case instituted against the revisionist relates to the murder of same person Bharat Lal, under the provisions of Section 323 Cr.P.C. it is desirable to commit his case to the Court of Sessions for trial and be allotted to the same Judge who is prosecuting Hari Singh on the basis of police charge sheet in respect of the same murder to avoid conflicting findings and it is ordered accordingly. 12. After the aforesaid decision was dictated in open Court, it was submitted that since Hari Singh has already been allowed bail some direction for expeditious consideration of bail of revisionist be issued. 13. Considering above submission, I hereby directed both the courts below to dispose of the bail prayer of the revisionist in accordance with law after hearing Public Prosecutor without unreasonable delay as expeditiously as possible. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: LUCKNOW 01.04.2011 BEFORE THE HON'BLE SHRI NARAYAN SHUKLA,J. Criminal Misc. Case No. 1342 of 2011 Union of India and others ...Applicants Versus State of U.P. and another ...Opposite Parties Code of Criminal Procedure Section-475- Application for transfer of criminal case of Court Marshal before nearest commanding officer-rejected by the Magistrate as no change framed-heldmisconceived-Magistrate failed to appreciate law correctly-order quashed only statement of offence required Held: para 7 Thus for sending a person for trial under the Court-martial, the framing of charge by the Magistrate is not necessary. The only statement of the offence committed by him is to be recorded by the learned Magistrate. Therefore, I am of the view that the learned Magistrate has failed to
Page 1 and 2: 1 All] Siya Ram V. District Judge (
Page 3 and 4: 1 All] Siya Ram V. District Judge (
Page 5 and 6: 1 All] Gopal Singh Visharad V. Jaho
Page 23 and 24: 1 All] Amanattullah and others V. A
Page 29 and 30: 1 All] Anis Ahmad @ Chand Babu V. S
Page 31 and 32: 1 All] Ram Ujagar and another V. Sm
Page 33 and 34: 1 All] Ram Ujagar and another V. Sm
Page 35 and 36: 1 All] Dian Nath Chaube V. Central
Page 37 and 38: 1 All] Dian Nath Chaube V. Central
Page 39 and 40: 1 All] Kulwant Singh V. State of U.
Page 45 and 46: 1 All] Ram Mohan Dayal V. State of
Page 47 and 48: 1 All] Ram Mohan Dayal V. State of
Page 49: 1 All] Jile Singh V. State of U.P.
Page 53 and 54: 1 All] Union of India and others V.
Page 55 and 56: 1 All] Rama Shanker Shukla V. Zila
Page 57 and 58: 1 All] Rama Shanker Shukla V. Zila
Page 59 and 60: 1 All] Ram Pheran Yadav V. Commissi
Page 61 and 62: 1 All Ghaziabad Development Authori
Page 63 and 64: 1 All Ghaziabad Development Authori
Page 65 and 66: 1 All Pankaj Kumar and others V. St
Page 73 and 74: 1 All Dev Sharan Yadav V. State of
Page 75 and 76: 1 All Abdul Aziz Ansari V. State of
Page 77 and 78: 1 All Abdul Aziz Ansari V. State of
Page 79 and 80: 1 All Shiv Om and others V. Distric
Page 81 and 82: 1 All V.V.P. Welfare Association V.
Page 83 and 84: 1 All V.V.P. Welfare Association V.
Page 85 and 86: 1 All Nagina and others V. State of
Page 87 and 88: 1 All Suredra Narain Singh @ Babu V
Page 93 and 94: 1 All Naushad Alam V. State of U.P.
Page 101 and 102:
1 All Naushad Alam V. State of U.P.
Page 103 and 104:
1 All Harish Chandra V. U.P. Sahkar
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
1 All Vikas Singh and others V. Sta
Page 113 and 114:
Page 115 and 116:
show all

Apr - High Court of Judicature at Allahabad

Create successful ePaper yourself

Delete template?

Save as template?