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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Pankaj Sharma and Ors. - Appellant
Versus
State of UP and Another - Respondent
Application U/S 482 No. 5831 of 2019
Decided On : 12-03-2019
Section 482 Cr.P.C. - Quashing of Order - Sections 323, 324, 307, 504 and 506 I.P.C. - [216 Cr.P.C., 307 I.P.C.] - The court allowed the application under Section 311 Cr.P.C. and summoned the applicants to face trial under section 307 I.P.C. The applicants challenged the order, arguing that the addition of section 307 I.P.C. was belated and lacked medical evidence. The opposite party contended that the injuries were serious and the accused had the intention to cause harm. The court upheld the order, finding that the accused had attacked the injured with a knife, demonstrating the intention or knowledge to cause death, justifying the summoning under section 307 I.P.C.
Fact of the Case:
Opposite Party No.2 filed a complaint against the applicants under sections 323, 324, 504 and 506 I.P.C. The investigating officer initially submitted a final report as no case was made out. However, the complaint was treated as a case under Sections 323, 504 and 506 I.P.C. by the court. The applicants challenged the summoning under section 307 I.P.C. through a Section 482 Cr.P.C. application.
Finding of the Court:
The court found that the accused had attacked the injured with a knife, demonstrating the intention or knowledge to cause death, justifying the summoning under section 307 I.P.C.
Issues: The main issue was whether the summoning of the applicants under section 307 I.P.C. was justified based on the evidence and circumstances of the case.
Ratio Decidendi: The court held that the accused's act of attacking the injured with a knife, causing a muscle-deep injury on the chest, demonstrated the intention or knowledge to cause death, justifying the summoning under section 307 I.P.C.
Final Decision: The court rejected the application, upholding the summoning of the applicants to face trial under section 307 I.P.C.
SAURABH SHYAM SHAMSHERY, J.
1. Applicants by way of instant application has sought to invoke powers of this Court under Section 482 Cr.P.C. and prayed to quash the order dated 19.1.2019 in Complaint Case No.16864 of 2009, (Dhruv Bhardwaj Vs. Vinay Gaur & Ors) under Sections 323, 324, 307, 504 and 506 I.P.C., Police Station-Kavi Nagar, District-Ghaziabad passed by the Chief Judicial Magistrate, Ghaziabad, whereby the application filed by the opposite no.2 has been partly allowed and it has been directed that the applicants shall also be tried under section 307 I.P.C. and accordingly applicants have been summoned under Section 307 I.P.C.
2. Factual matrix of the present case is as follows:
(a) Opposite Party No.2 lodged a F.I.R. No.780 at Police Station Kavinagar, District-Ghaziabad on 11.8.2008 against the applicants under sections 323, 324, 504 and 506 I.P.C. alleging that:
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(b) Investigating Officer after investigation submitted final report on 30.9.2008 as no case was made out against the applicants.
(c) On the direction of Higher Officials, the matter was further investigated however, again final report was submitted on 30.8.2009.
(d) Opposite party no.2 filed protest petition on 29.9.2009. The learned court below, after considering the report submitted by the police, treated the Protest Petition as Complaint Case No.16864 of 2009 under Sections 323, 504 and 506 I.P.C. and was registered in the court of learned Chief Judicial Magistrate Ghaziabad vide order dated 9.10.2009.
(e) Opposite party no.2 recorded his statement under section 200 Cr.P.C. as well as statements of other witnesses were recorded under Section 202 Cr.P.C. and after considering the material, learned court below summoned the applicants vide order dated 16.2.2010.
(f) Applicants appeared before the learned trial court and obtained bail. Applicants filed discharge application which was dismissed on 21.9.2013.
(g) Statement of P.W.1 Umesh Bhardwaj was recorded U/s 244 Cr.P.C. and he was cross examined on 10.11.2014.
Statement of opposite party no.2/injured Dhruv Bhardwaj was recorded on 06.7.2015 and he was not cross examined by accused/applicants.
The charges were framed against accused/applicants U/s 323, 324, 504 506 I.P.C. on 28.8.2015.
(h) P.W.2 Dhruv Bhardwaj was not cross examined by accused/applicants and adjournment was sought by them. On 08.3.2016 P.W.2 Dhruv Bhardwaj could not appear
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