Arham Abbasi And Ors. v. State Of U.P. And Ors.

Neutral Citation No. - 2024:AHC-LKO:7648

Court No. - 28 Case :- APPLICATION U/S 482 No. - 1887 of 2016

Applicant :- Arham Abbasi And Ors.

Opposite Party :- State Of U.P. And Ors.

Counsel for Applicant :- Sheikh Wali Uz Zaman

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Rahul Chaturvedi,J.

Heard Sri Sheikh Wali Uz Zaman, learned counsel for the applicant as well as Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the records.

Pursuant to the earlier order of this Court dated 18.01.2024, Mr. H.P Ahirwar, S.I. is present in the Court to justify the orders of the Chief Judicial Magistrate dated 14.09.2013 whereby he has to spell out the reasons for insertion of Section 307 IPC. Learned A.G.A. has submitted that against the order dated 14.09.2013, Criminal Revision No.613 of 2013 was filed and it is apparent from the order dated 04.07.2015 that Section 307 IPC has been dropped from the charge sheet.

Learned A.G.A., in no uncertain terms, have specified that the police, in his report has inserted Section 354A, 354D, 323, 504,

506 IPC dropping Section 307 IPC from the array of sections of IPC. When the prosecution himself is withdrawing and there is no material on record to justify Section 307 IPC, thus, there is no threat to the applicant to be prosecuted under section 307

IPC.

However, it is open for the concerned Magistrate/Trial Judge to apply his robust judicial mind and if there is any material on record which warrants alteration/addition of any charge, then they can add/alter the sections of IPC at later stage by a speaking and well reasoned order.

Learned counsel for the applicant further states that the Magistrate concern has issued non-bailable warrant against the applicant to procure the attendance. Learned counsel for the applicant undertakes that his clients are more than keen to participate in the trial under the aforesaid sections of IPC provided the interest is protected.

Under the circumstances, order dated 14.03.2016 passed by the Magistrate concern issuing non-bailable warrant shall not be given effect up to 15.02.2024 provided that the applicant shall

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surrender before the majesty of the court and apply for bail. If such bail application is moved, same shall be heard and decided without wasting much of time, strictly in accordance with law. The personal presence of Mr. H.P. Ahirwar, S.I. is hereby exempted till further orders.

With this observation, the present application stands disposed of.

Order Date :- 25.1.2024 Sumit S

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