SUPREME COURT OF INDIA

MUKHTAR ZAIDI vs THE STATE OF UTTAR PRADESH & ANR.

Criminal Appeal No OF 2024 (ARISING OUT of SLP (CRL ) NO 9122 of 2021) On 18 April 2024

Hon'ble Judges: Vikram Nath, Satish Chandra Sharma

Case Type: Criminal Appeal

Final Decision: 

Advocates: 

Citations: 
2024 0 CJ(SC) 206

ACTS REFERRED: 
Indian Penal Code, 1860, Section 506
Indian Penal Code, 1860, Section 307
Indian Penal Code, 1860, Section 323
Indian Penal Code, 1860, Section 342
Indian Penal Code, 1860, Section 147
Code of Criminal Procedure, 1973, Section 200
Code of Criminal Procedure, 1973, Section 190(1)(b)
Code of Criminal Procedure, 1973, Section 173(2)
Code of Criminal Procedure, 1973, Section 482

(A) Code of Criminal Procedure, 1973, Section 482, Section 173(2), Section 200, Section 190(1)(b) - Saving of inherent powers of High Court - Report of police officer on completion of Investigation - Examination of complainant - Cognizance of offences by Magistrates(B) Indian Penal Code, 1860, Section 147, Section 307, Section 323, Section 342, Section 506 - Punishment for rioting - Attempt to murder - Punishment for voluntarily causing hurt - Punishment for wrongful confinement - Punishment for criminal ,intimidation font-size: 16px;" > Leave granted. This appeal assails the correctness of the order dated 202021 passed by the Allahabad High Court dismissing the application under Section 482 of the Code of Criminal Procedure, 1973, Cr.P.C. filed by the appellant wherein a prayer was made to quash the Summoning Order dated 002021 by the Chief Judicial Magistrate, CJM, Aligarh in Case No.129/2020 under Sections 147, 342, 323, 307, 506 of the Indian Penal Code, 1860 ,IPC Police Station, Civil Lines, District Aligarh.

Judgement Text

1. Leave granted.

2. This appeal assails the correctness of the order dated 24.08.2021 passed by the Allahabad High Court dismissing the application under Section 482 of the Code of Criminal Procedure, 1973, Cr.P.C. filed by the appellant wherein a prayer was made to quash the Summoning Order dated 08.03.2021 by the Chief Judicial Magistrate, CJM, Aligarh in Case No.129/2020 under Sections 147, 342, 323, 307, 506 of the Indian Penal Code, 1860 ,IPC Police Station, Civil Lines, District Aligarh. There is an order dated 01.11.2021 passed by the High Court wherein the Case Number mentioned in the order dated 24.08.2021 was corrected as Case No.5727/2021.

3. Respondent no.2 lodged a First Information Report, FIR bearing the aforesaid details whereupon the same was investigated and after investigation the police report under Section 173(2) Cr.P.C. was submitted according to which the Investigating Officer found that no evidence could be collected which could substantiate the allegations made in the FIR. The said report was submitted to the Court concerned whereupon notices were issued to the informant. The informant filed a Protest Petition along with affidavits to show that the investigation carried out by the Investigating Officer was not a fair investigation. He had completed the case diary sitting at the Police Station without actually recording the statements of the witnesses.

4. The CJM, by order dated 08.03.2021 rejected the police report under Section 173(2)