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Arihant Singh Sachan Vs. State of U.P. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in1982CriLJ1419
AppellantArihant Singh Sachan
RespondentState of U.P.
Excerpt:
- orderp.n. goel, j.1. sri g. p. dixit, advocate for the applicant, has been heard. on the basis of a police report, the applicant has been summoned to meet various offences punishable under sections 419, 420. 467, 468 and 471, i.p.c. all these offences are triable as a, warrant case by the magistrate. the magistrate has supplied copies of the prosecution papers in accordance with section 207 cr. p.c. the magistrate will now proceed in accordance with section 239. he will examine the applicant and then on a consideration of the prosecution papers and the statement of the applicant (accused) and after hearing both the parties, if he considers that the allegations against the applicant are not triable by him, he shall discharge the applicant.2. correctly speaking, the applicant wants this.....
Judgment:
ORDER

P.N. Goel, J.

1. Sri G. P. Dixit, Advocate for the applicant, has been heard. On the basis of a police report, the applicant has been summoned to meet various offences punishable Under Sections 419, 420. 467, 468 and 471, I.P.C. All these offences are triable as a, warrant case by the Magistrate. The Magistrate has supplied copies of the prosecution papers in accordance with Section 207 Cr. P.C. The Magistrate will now proceed in accordance with Section 239. He will examine the applicant and then on a consideration of the prosecution papers and the statement of the applicant (accused) and after hearing both the parties, if he considers that the allegations against the applicant are not triable by him, he shall discharge the applicant.

2. Correctly speaking, the applicant wants this Court to exercise the powers of the Magistrate given to him Under Section 239. So far the applicant has not ventilated his grievance before the Magistrate.

3. The Court is required to exercise inherent power Under Section 482 Cr. P.C. under 3 conditions-(1) to make such orders as are necessary to give effect to any order under the Code, or (2) to prevent abuse of the process of any court, or (3) to secure the ends of justice. The present case does not, in my opinion, fall under any of these conditions for the simple reason that the applicant has not yet allowed the Magistrate to follow the procedure provided in Section 239. In fact the applicant wants to depart from this statutory provision.

4. No doubt Under Section 204 Cr. P.C. before issuing a summons or a warrant, the Magistrate while taking cognizance of an offence can consider whether there is sufficient ground for proceeding. In the case arising out of a private complaint the Magistrate is required to examine the complainant Under Section 200 and to examine other witnesses Under Section 202 Cr. P.C. but this procedure is not applicable to a case which arises on the basis of a police report. Under Section 190, the Magistrate can take cognizance on the basis of a charge-sheet submitted by the police. The police submits charge-sheet after investigation. I am extremely doubtful that while issuing process to an accused Under Section 204, any Magistrate goes through the case diary prepared by the Investigating Officer. The Magistrate can look into the case diary Under Section 239.

5. In the above circumstances I am of the opinion that the applicant should first ventilate his grievance before the Magistrate that the facts alleged by the prosecution do not constitute any offence against him and that he should allow the Magistrate to follow the procedure given in Section 239, If the Magistrate frames a charge against him Under Section 240 and the applicant feels aggrieved thereby, he may approach this Court at that stage.

6. For what has been slated above, this application does not afford sufficient material at this stage for the interference by this Court Under Section 482 Cr. P.C. It is rejected accordingly.


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