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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Sonu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ANIL KUMAR-X, J.
1. Heard learned counsel for the appellants and Sri Amrit Raj, learned AGA for the State.
2. None appeared on behalf of the respondent even in the revised call.
3. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to allow this present appeal and set aside the impugned order dated 21.08.2024, 27.06.2024 and 10.05.2024 and all other consequential orders also passed by Special Judge SC/ST Act, District-Kannauj in S.C. No. 1374/2023 ( State Vs. Sonu @ Bhagwan Bhakt and others ) arising out of Case Crime No.627/2023 U/s 147, 452, 323, 504, 506 I.P.C. and 3 (1)(d) SC/St Act, Police Station-Kotwali Kannauj District-Kannauj.
4. Before embarking upon the above framed legal question, it will be expedient to refer proceedings of the case under challenge. An FIR in Case Crime No. 627 of 2023, under Section 147, 452, 323, 504, 506 IPC and 3(1)(d) SC/ST Act, P.S. Kotwali, District Kannauj was lodged against the appellants. Matter was investigated and I.O. submitted charge sheet against appellants on 15.9.2023. Learned court took cognizance over the said charge sheet on 21.12.2023. As the
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
The main legal point established in the judgment is that both the original and supplementary reports under Section 173(2) and Section 173(8) of the Code of Criminal Procedure 1973 must be considered ....
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
Section 319 Cr.P.C. is independent and can be exercised when it appears from the evidence his involvement in the alleged crime irrespective of whether any protest complaint was maintained against him....
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
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