2011 Supreme(All) 1614

[2010(6) ADJ 4 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : ASHOK SRIVASTAVA, J.
CHHOTU GUPTA @ LUVKESH KUMAR GUPTA ....Revisionist
Versus
STATE OF U.P. AND ANOTHER ....Opposite Parties
(Criminal Revision No. 3795 of 2010, decided on 30th May, 2011)

Headnote:(A) Criminal Procedure Code, 1973—Sections 227, 169, 173 (8) and 161—(Indian) Penal Code, 1860—Section 302—Discharge—Refusal of—Further investigation—Submitted report under Section 169 of Cr.P.C. in favour of revisionist—Broad day light murder—Revisionist named in FIR—Prompt lodging of FIR—From a perusal of case diary and statements of witnesses under Section 161 of Cr.P.C.—Evidently, complainant has fully supported his FIR version—In absence of direct/ocular evidence, conviction can be based on circumstantial evidence—Role of further investigating officer not impartial—At this stage cannot be given benefit of doubt—However, first investigating officer found sufficient material for submission of charge-sheet—Magistrate finding prima facie material to take cognizance—No illegality—Report under Section 169 of Cr.P.C. suspicious.

       (B) Criminal Procedure Code, 1973—Section 227—Words “Not sufficient ground for proceedings against the accused”—Connotation of—It postulates exercise of judicial mind on part of Judge to facts of case—In order to determine—Whether a case for trial has been made out by prosecution or not.