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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAM MANOHAR NARAYAN MISHRA
Inam – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. This criminal revision has been filed against the judgement and order dated 3.7.2024 passed by learned Sessions Judge, Saharanpur whereby second bail application moved moved in default clause under section 167(2)(a)(i) Cr.P.C. has been dismissed in Case Crime no. 131 of 2023, under section 302 IPC and section 3/25/27 of ARMS ACT , P.S. Nanauta, District Saharanpur.
2. Heard learned counsel for the revisionist, learned counsel for respondent no. 2 and learned AGA for the State.
3. According to the prosecution version, FIR of the incident was lodged by the informant Smt. Hamida on 3.8.2023 at 5:09 AM stating therein that on 2.8.2023 at around 11:00 PM, her co-villager Inam son of Yameen came to her house and called her son Naushad for doing some conversation and took her son outside the village in the field of Jafari where he assaulted her son by butt of country made pistol and thereafter he opened fire due to which her son suffered injury on face and hand by the pallets of cartridge, after hearing noise of fire, informant and her another son Shoyeb reached at the spot then the accused Inam fled away from the place. The FIR was lodged under s
The failure to include a ballistic report in a charge-sheet does not automatically render it incomplete under Section 167(2)(a)(i) Cr.P.C., especially in serious offences like murder where evidence i....
A Charge-Sheet filed without a Chemical Analysis Report can be deemed valid, shifting the bail determination to merits rather than procedural deficiencies once filed within statutory limits.
The absence of an FSL report does not render a chargesheet incomplete; the right to default bail ceases once a chargesheet is filed, regardless of pending investigations.
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
The necessity of the FSL report in the challan under Section 173 Cr.P.C. for establishing a case under the NDPS Act and granting default bail.
The main legal point established in the judgment is that the pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
Default bail – Once a charge-sheet is filed within stipulated time, question of default bail does not arise. It cannot be held that additional documents cannot be produced subsequently.
Point of Law : Section 173(8) of the Cr.P.C. directs further investigation in the matter.
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