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SUBHASH VIDYARTHI
Alka Ray – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home – Respondent
JUDGMENT :
1. Heard the arguments of Sri Pranjal Krishna, the learned counsel for the applicant, Sri Shiv Nath Tilhari, the learned AGA-I for the State and perused the records.
2. By means of instant application filed under Section 482 Cr.P.C, the applicant has assailed validity of the order dated 28.02.2023 passed by the learned Additional Chief Judicial Magistrate Court No. 19, Barabanki, whereby her application for discharge has been rejected. The applicant has also challenged the order dated 22.06.2023 passed by the aforesaid Court framing charges against her under Sections 419, 420, 467, 468 and 471 I.P.C.
3. On 02.04.2021, a First Information Report bearing Case Crime No. 0369 of 2021 was lodged by the Assistant Regional Transport Officer in Police Station Kotwali Barabanki Under Sections 419, 420, 467, 468 and 471 IPC alleging that an ambulance bearing registration number UP41 AT 7171 was registered with the Transport Department Barabanki on 21.12.2013, in the name of the applicant, showing her address to be 56, Rafi Nagar, Barabanki, claiming that the ambulance will be used for transporting the patients of Shyam Sanjeevani Hospital and Research Centre Private Limited, National
At the discharge stage, the court must assume prosecution evidence is true and evaluate if it discloses necessary elements of the alleged offence, not the merits of the case.
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
The seriousness of the charges and the need for fair investigation were the central legal points established in the judgment.
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
The main legal point established in the judgment is the abuse of process of law and the exercise of inherent powers of the High Court under Section 482 Cr.P.C. to quash the impugned FIR and all crimi....
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
The court affirmed that under Section 437(6) of the CrPC, the magistrate's discretion in denying bail is contingent upon justifiable reasons, balancing trial delays against the need to preserve justi....
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