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2025 DAILYLAW 150174 (ALL)

SHRIDAM ADHIKARI AND ORS. v. U.O.I. MIN. OF HOME AFFAIRS NEW DELHI AND ANR.

A227/35216/2019 · 2025-01-16

Mohd Faiz Alam Khan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2670 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 35216 of 2019 Petitioner :- Shridam Adhikari And Ors. Respondent :- U.O.I. Min. Of Home Affairs New Delhi And Anr. Counsel for Petitioner :- Prathama Singh,Chandra Shekhar Pandey,Pal Singh Yadav Counsel for Respondent :- A.S.G.,Digvijay Nath Dubey Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard learned counsel for the petitioners as well as Shri Digvijay Nath Dubey, learned counsel for the respondents- Union Authorities, and perused the record. 2. Learned counsel for the petitioners, at the outset, submits that having regard to the settled legal position, the petitioners are not aggrieved so far as the first prayer made in the petition is concerned as the statement of an accused could only be recorded under Section 183 BNSS (164 CrPC) when the same is sponsored by investigating officer. It is also evident that the investigation has already been completed and charge-sheet has already been filed. It is admitted to learned counsel for the parties that the trial is at the concluding stage before the trial court. 3. Learned counsel for the petitioners have raised many submissions in order to show that the defence of the petitioners/accused persons has been fortified during the course of trial. Even if the submission made by learned counsel for the petitioners is true, the same is the field earmarked for the trial court at an appropriate stage as appreciation of evidence, which has already been adduced before the trial court, could not be appreciated by this Court in this jurisdiction. 4. Thus, having regard to all the above facts and circumstances of the case, I do not find any substance in the petition and the same is dismissed as such. It is clarified that the dismissal of this petition shall not cast any adverse shadow on the fate of the trial pending before the trial court and this Court has not expressed any opinion so far as the factual matrix of the case is concerned and the same is to be decided by the trial court having regard to the settle principles of appreciation of evidence in criminal cases. 5. The above observations are only for the purpose of disposal of this petition. Order Date :- 16.1.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench