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2011 Supreme(All) 2615

BALA KRISHNA NARAYANA
ILMAS – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Brijesh Sahai, Arun Srivastava and Vishal Shukla for the Applicant; K.N. Bajpayee for the Opposite Parties.

Judgement Key Points

The legal document discusses the procedural aspects and legal principles related to the summoning of an accused and the conduct of further investigation in criminal proceedings. The key points are as follows:

  1. Order of Summoning: The order summoning the applicant as an accused was scrutinized for being non-speaking and cryptic. However, it was clarified that under the relevant procedural provisions, a detailed order or reasons are not mandatorily required for summoning an accused, as the law does not impose such a requirement (!) (!) (!) (!) (!) .

  2. Legal Requirements for Orders: The law emphasizes that the Magistrate's primary obligation at the stage of summoning is to form an opinion that there are sufficient grounds for proceeding, which can be inferred from the entire record rather than requiring a detailed, reasoned order (!) (!) (!) (!) .

  3. Nature of Further Investigation: The court clarified that "further investigation" is a continuation of the initial investigation and not a fresh or re-investigation. It does not wipe out the previous investigation but supplements it, and no court permission is necessary for conducting such further investigation (!) (!) (!) (!) .

  4. Re-investigation vs. Further Investigation: Re-investigation is distinguished from further investigation; the former involves starting a new investigation from scratch, while the latter is an extension of the existing one. The law permits further investigation without order or permission, provided it is a continuation of the initial investigation (!) (!) (!) (!) .

  5. Validity of the Charge-sheet: The submission that the charge-sheet filed after further investigation was invalid because it was a reinvestigation is rejected. The description of the charge-sheet as "mool" (main) rather than "supplementary" does not alter its legal standing as a continuation of the initial investigation (!) .

  6. Permission for Further Investigation: The law permits police to conduct further investigation without prior approval of the court, especially when the investigation is a continuation of the initial inquiry, and the law explicitly allows such investigations under the relevant procedural provisions (!) (!) .

  7. Sufficiency of Evidence: The evidence collected during the investigation, including witness statements and statements recorded during further investigation, was deemed sufficient to justify summoning the applicant as an accused. The court emphasized that the evidence on record was adequate for the order of summoning (!) .

  8. Legal Principles on Summoning and Investigation: The court reinforced that detailed reasons or reasons recorded in the order are not mandatory for summoning an accused, and that the entire record can be considered to determine whether there are sufficient grounds for proceeding (!) (!) .

  9. Conclusion: The application to quash the summoning order was dismissed, affirming that the procedures followed were in accordance with legal provisions and that the evidence was sufficient to justify the summoning of the applicant (!) (!) .

In summary, the document emphasizes that procedural formalities such as detailed reasoning are not obligatory at the stage of summoning, that further investigation is a continuation rather than a re-investigation, and that such investigations do not require court permission. The sufficiency of evidence during investigation is the key factor in summoning an accused.


JUDGMENT

Hon’ble Bala Krishna Narayana, J.—Heard Sri Brijesh Sahai, learned counsel for the appellant and Sri K.N. Bajpayee, learned A.G.A. for the State.

2. The order which is impugned in the instant application filed by the applicant under Section 482 Cr.P.C. is dated 9.6.2011, passed by Additional Civil Judge (J.D.), Garh Mukteshwar, District Ghaziabad in Case No. 317 of 2011 (State v. Ilmas) arising out of Case Crime No. 35 of 2011 (State v. Bablu and others) under Section 302, 506 I.P.C., P.S. Simbhawali, Ghaziabad by which the applicant has been summoned to face trial for the offences punishable under Sections 302 AND 506 I.P.C.

3. The brief facts of the case are that the opposite party No. 2 Asif lodged a first information report at P.S. Simbhawali on 1.2.2011 (Annexure 1 to the affidavit accompanying this application) at about 8.45 p.m. alleging therein that when on 31.1.2011 at about 6.00 pm the informant, his brother Chaman and one Rahat S/o Tahir after having their meal were going on a walk three persons, namely, Bablu, Nadeem and one unknown person, all armed with country made pistols appeared before them and Nadeem caught hold of Chaman while Bablu shot Chaman in his s






































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