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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Lala – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ANIL KUMAR-X, J.
1. This petition under Article 227 of the Constitution of India has been filed with a prayer to quash the order dated 18.12.2024 passed by Special Judge (E.C. Act)/Additional Sessions Judge Court No.14 Bulandshahar in Criminal Revision No.47 of 2024 (Mahesh and another Vs. State of U.P. and another) as well as order dated 20.01.2024 passed by Chief Judicial Magistrate, Bulandshahar in Complaint Case No.1871 of 2014 (Pradeep Vs. Lala and another) under section 302 I.P.C., Police Station Ahmadgarh, District Bulandshahar in Case Crime No.221 of 2013, under section 302 I.P.C., Police Station Ahmadgarh, District Bulandshahar.
Facts of the Case
2. The facts of the case, in brief, are that on 03.11.2013 at about 10:00 p.m., village Chaukidar Rajendra gave information at Police Station Ahmadgarh, District Bulandshahr, regarding the death of Rahul, son of Anokhe Lal. He stated that Rahul had allegedly consumed liquor and, after losing his senses, fell from the roof of Maharaj Singh. The villagers took him to a hospital at Bulandshahr for treatment, where he later died due to his injuries. Thereafter, on the same day, Pradeep Kumar, the brother of the deceased Rahul,
Point of Law : Judicial conscience of High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process o....
Non-examination of all witnesses does not invalidate summons if sufficient evidence supports the charges; proceedings against deceased individuals are abated.
A magistrate can independently assess investigation materials and register a protest petition as a complaint if sufficient grounds are provided, emphasizing the standard of prima facie evidence at th....
The court emphasized the requirement of a prima facie case to summon the accused and the necessity of injury report in determining the sufficiency of grounds for summoning the accused.
At the stage of summoning, the Magistrate is not required to consider the defense version or evaluate the merits of the materials or evidence of the complainant.
The court can summon an accused as an additional accused to face trial under Section 319 Cr.P.C. based on prima-facie evidence, even if the investigating agency had previously exonerated the accused.
Right of Complainant to file petition under Section 200 Cr.P.C. is not taken away even if Magistrate concerned does not direct that such a Protest Petition be treated as a complaint.
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