NANDLAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO. AND ANOTHER
/112/2025 · 2025-01-09
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114779 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114779 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1606 Court No. - 18 Case :- APPLICATION U/S 482 No. - 112 of 2025 Applicant :- Nandlal Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And Another Counsel for Applicant :- Rakesh Kumar Modanwal Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Accused has filed this application under Section 482 Code of Criminal Procedure to challenge the order dated 22.10.2024 passed by the Revisional Court, whereby the cognizance
order dated 29.06.2024 passed by the Magistrate, Court No. 24, Pratapgarh in Case No. 7408 of 2024, arising out of Case Crime No. 383 of 2023, under Section 420 IPC, Police Station Patti, District Pratapgarh has been upheld.
Learned counsel for the applicant refers to the grounds raised in the application to contend that the revisional court has failed to exercise the jurisdiction vested in it to correct the error of law committed by the Magistrate while passing the impugned cognizance order dated 29.06.2024 based upon the final report under Section 173(2) Cr.P.C., arising out Case Crime No. 383 of 2023.
Learned counsel submits that the impugned orders are not based upon the correct appreciation of material on record, therefore, interference is warranted by this Court. After hearing the learned counsel for the applicant and considering his submissions, this Court finds that after registration of the case, the statements of witnesses were recorded by the Investigating OfÏcer, and after collecting the incriminating material, the charge sheet dated 04.10.2024 under Section 173(2) Cr.P.C. has been filed, whereupon the Magistrate has passed the cognizance order. At the stage of taking cognizance of the offences, the trial court is only
required to examine the final report under Section 173(2) Cr.P.C. or the complaint, as the case may be, for this limited purpose, and is not required to give detailed reasons as the nature of cognizance
order only indicates the initiation of criminal proceedings in respect of the commission of alleged offences. That apart, the final report under Section 173(2) Cr.P.C. is yet to be examined by the trial court and at that stage, the accused would also be heard, therefore, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C., as the grounds and issues raised by the applicants in this application can also be pressed, at the stage of framing of charges. Resultantly, without meaning any expression of opinion on the merits of the case, the application is hereby dismissed.
Order Date :- 9.1.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench