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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajeev Misra,J.
Ajeet – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Ashish Kumar Pandey, the learned counsel for applicants-Ajeet And Another in Application U/s 482 Cr.P.C. No. 40226 of 2024 (Ajeet and another Vs. State of U.P. and another) and the learned A.G.A. for State-opposite party-1.
2. I have also heard Mr. Atul Kumar Singh, the learned counsel for applicant-Deshraj @ Deshraj Singh Panwar, in Application U/s 482 Cr.P.C. No. 40256 of 2023 (Deshraj @ Deshraj Singh Panwar Vs. State of U.P. and another), the learned A.G.A. for State- opposite party-1 and Mr. Ashish Kumar Pandey, the learned counsel representing first informant/opposite party-2.
3. Perused the record.
4. Applicants-Ajeet And Another have approached this Court by means of aforementioned application under Section 482 Cr.P.C. with the following prayer:
"It is, therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and further be pleased to quash the judgment and order dated 15.10.2024 arising out of S.T. No. 1482 of 2018, New No. 422 of 2024 in case crime No. 184 of 2018 (State Vs. Ajeet and another) under section 323, 504, 506, 452, 467, 468, 471, 420, 147, 148, 307 of I.P.C. Police Station
The court emphasized that discharge applications must be evaluated with due diligence regarding accompanying documents, and failure to do so renders the lower court's decision unsustainable.
Judicial intervention under Section 482 Cr.P.C. is limited; FIRs from both parties indicate that offences are made out, justifying the continuation of proceedings.
The main legal point established in the judgment is that the court should not interfere with the rejection of a discharge petition unless there is inherent perversity in the lower court's findings.
A second application under Section 482 Cr.P.C. is maintainable if based on changed circumstances, despite a previous application being withdrawn.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
A second complaint on the same cause of action after acceptance of a final report is maintainable only in exceptional circumstances; summoning orders must reflect judicial application of mind.
The court held that an FIR does not become void due to the victim's retraction of support, and the authority to amend charges is retained by the trial court during the charge framing stage.
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