High Court

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 12.8.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad in Case No. 454 of 2019 (arising out of Case Crime No. 118 of 2017), under Sections 323, 324, 504 I.P.C., Police Station- Hazrat Nagar Garhi, District-Moradabad as well as the entire proceedings of Case No. 454 of 2019 (arising out of Case Crime No. 118 of 2017), under Section 323, 324, 504 I.P.C., Police Station- Hazrat Nagar Garhi, District- Moradabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad.

3. The NCR was lodged by opposite party no. 2 on 20.08.2017 vide NCR No. 57 of 2017, under Sections 323, 504 IPC at Police Station- Hazrat Nagar Garhi, District- Moradabad at about 8.20 pm, alleging therein that accused persons abused the nephew of opposite party no, namely, Narendra. On objection, accused persons beaten him. Hearing hue and cry the opposite party no. 2, his sister namely Munni, wife of Narendra Smt. Rekha and mother of Narendra Smt. Santosh reached on the spot to save Narendra, then accused persons beaten them.

4. Counsel for the applicant submits that by way of present 482 Cr.P.C. application, applicant has challenged the impugned order dated 12.08.2024 by which learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad, has rejected the application of the applicant. The order dated 12.08.2024 is illegal, arbitrary and bad in the eye of law and not tenable. He next submitted that earlier NCR No. 57 of 2017 was registered under Section 323, 504 IPC and police started investigation without taking permission from Magistrate as provided under Section 155(2) Cr.P.C. and converted the NCR as police case i.e. Case Crime No. 118 of 2017, under Sections 324, 323, 504 IPC, thereafter, I.O. has submitted charge-sheet and charges were framed in the year 2019. He next submitted that at present trial proceedings is going on and witnesses statements are being recorded before the Trial Court. He next submitted whole proceeding initiated against the applicant is illegal and arbitrary in nature without following procedure provided under Section 155(2) Cr.P.C. Learned Additional Chief Judicial Magistrate without applying his judicial mind has rejected the application of the applicant. Further, in support of his argument he has placed reliance upon the judgment of Co-ordinate Bench of this Court in the case of Shivam Solanki Vs. State of U.P. and Another, 2022 0 Supreme(All) 1044 as well as in the case of Ashish Kumar Tiwari @ Rahul And Others Vs. State of Uttar Pradesh Thru. A.C.S/Prin. Secy. Deptt. Home Govt. Lko. And Another, 2024 0 Supreme(All) 969.

5. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that applicant had opportunity to raise his objection before the Trial Court at the time of framing of charge but he has not raised any objection and Trial Court is examining witnesses and applicant moved application with malicious intention after about seven years to linger on the proceedings. He next submitted Trial Court has rightly rejected the application of the applicant. The judgments on which reliance has been placed are not applicable in the present case, hence, applicant is not entitled for relief as prayed.

6. Considered the submissions raised by learned counsel for the parties and perused the record. From the record, it is apparent that NCR was registered against the applicant under Sections 323, 504 IPC, thereafter, on medical evidence of injured registered as Case Crime No. 118 of 2017, under Sections 323, 324, 504 IPC, thereafter, charges were framed in the year 2019 and matter is being tried by Trial Court and witnesses are being examined at this stage. After about seven years applicant has raised objection that proceeding is without following due procedure provided under Section 155(2) Cr.P.C. i.e. without taking permission from the Magistrate as provided under Section 155(2) Cr.P.C., aforesaid proceeding has been initiated against the applicant, which is illegal and liable to be quashed. The Trial Court vide order dated 12.08.2024 dismissed the application of the applicant, placing reliance over judgment of Hon'ble Apex Court in the case Dharam Pal and Ors. Vs. State of U.P. and Ors., MANU/UP/0001/2006, operative portion of the same is quoted as under:- "Where initially NCR for offences u/s 323, 504 IPC was registered but subsequently on the basis of inquiry report the case was converted by the police u/s 323, 324, 325 IPC and later on even Sec. 308 IPC was also added, it has been held that since there were cognizable offences as well, therefore the police could have investigated the case even without permission from magistrate u/s 155(2) Cr.P.C."

7. Hon'ble Apex Court in para-5 of Dharam Pal (supra), has held that there is no fetter on the Investigating Officer converting the case under Sections 325 and 308 IPC on the basis of the injury report if in his opinion the circumstances of the case makes out such allegations which constitute those offence even if he does not examine the medical officer. In the present case also Investigating Officer found that medical evidence under Section 324 IPC and registered first information report under Sections 323, 324 and 504 IPC. Hon'ble Apex Court in para-8 of Dharam Pal (supra), after discussing the Apex Court judgment in Union of India Vs. Prakash P. Hindua MANU/SC/0446/2003, has held that the alleged irregularity of the police officer is not being empowered to investigate the case is not one of the irregularities mentioned in Section 461 Cr.P.C. which vitiates proceedings and moreover in Section 460(b), it is even provided that if any Magistrate not empowered by law orders, under Sections 155 Cr.P.C., the police to investigate an offence, then the irregularity does not vitiate the proceedings.

8. In view of the above, this Court does not find any error in the order dated 12.08.2024 passed by the Trial Court as well as in impugned proceedings going against the applicant.

9. The present 482 application of applicant- Rajpal Singh, is hereby dismissed with the aforesaid observation. Order Date :- 17.4.2025 Aditya

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 12.8.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad in Case No. 454 of 2019 (arising out of Case Crime No. 118 of 2017), under Sections 323, 324, 504 I.P.C., Police Station- Hazrat Nagar Garhi, District-Moradabad as well as the entire proceedings of Case No. 454 of 2019 (arising out of Case Crime No. 118 of 2017), under Section 323, 324, 504 I.P.C., Police Station- Hazrat Nagar Garhi, District- Moradabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad.

3. The NCR was lodged by opposite party no. 2 on 20.08.2017 vide NCR No. 57 of 2017, under Sections 323, 504 IPC at Police Station- Hazrat Nagar Garhi, District- Moradabad at about 8.20 pm, alleging therein that accused persons abused the nephew of opposite party no, namely, Narendra. On objection, accused persons beaten him. Hearing hue and cry the opposite party no. 2, his sister namely Munni, wife of Narendra Smt. Rekha and mother of Narendra Smt. Santosh reached on the spot to save Narendra, then accused persons beaten them.

4. Counsel for the applicant submits that by way of present 482 Cr.P.C. application, applicant has challenged the impugned order dated 12.08.2024 by which learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad, has rejected the application of the applicant. The order dated 12.08.2024 is illegal, arbitrary and bad in the eye of law and not tenable. He next submitted that earlier NCR No. 57 of 2017 was registered under Section 323, 504 IPC and police started investigation without taking permission from Magistrate as provided under Section 155(2) Cr.P.C. and converted the NCR as police case i.e. Case Crime No. 118 of 2017, under Sections 324, 323, 504 IPC, thereafter, I.O. has submitted charge-sheet and charges were framed in the year 2019. He next submitted that at present trial proceedings is going on and witnesses statements are being recorded before the Trial Court. He next submitted whole proceeding initiated against the applicant is illegal and arbitrary in nature without following procedure provided under Section 155(2) Cr.P.C. Learned Additional Chief Judicial Magistrate without applying his judicial mind has rejected the application of the applicant. Further, in support of his argument he has placed reliance upon the judgment of Co-ordinate Bench of this Court in the case of Shivam Solanki Vs. State of U.P. and Another, 2022 0 Supreme(All) 1044 as well as in the case of Ashish Kumar Tiwari @ Rahul And Others Vs. State of Uttar Pradesh Thru. A.C.S/Prin. Secy. Deptt. Home Govt. Lko. And Another, 2024 0 Supreme(All) 969.

5. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that applicant had opportunity to raise his objection before the Trial Court at the time of framing of charge but he has not raised any objection and Trial Court is examining witnesses and applicant moved application with malicious intention after about seven years to linger on the proceedings. He next submitted Trial Court has rightly rejected the application of the applicant. The judgments on which reliance has been placed are not applicable in the present case, hence, applicant is not entitled for relief as prayed.

6. Considered the submissions raised by learned counsel for the parties and perused the record. From the record, it is apparent that NCR was registered against the applicant under Sections 323, 504 IPC, thereafter, on medical evidence of injured registered as Case Crime No. 118 of 2017, under Sections 323, 324, 504 IPC, thereafter, charges were framed in the year 2019 and matter is being tried by Trial Court and witnesses are being examined at this stage. After about seven years applicant has raised objection that proceeding is without following due procedure provided under Section 155(2) Cr.P.C. i.e. without taking permission from the Magistrate as provided under Section 155(2) Cr.P.C., aforesaid proceeding has been initiated against the applicant, which is illegal and liable to be quashed. The Trial Court vide order dated 12.08.2024 dismissed the application of the applicant, placing reliance over judgment of Hon'ble Apex Court in the case Dharam Pal and Ors. Vs. State of U.P. and Ors., MANU/UP/0001/2006, operative portion of the same is quoted as under:- "Where initially NCR for offences u/s 323, 504 IPC was registered but subsequently on the basis of inquiry report the case was converted by the police u/s 323, 324, 325 IPC and later on even Sec. 308 IPC was also added, it has been held that since there were cognizable offences as well, therefore the police could have investigated the case even without permission from magistrate u/s 155(2) Cr.P.C."

7. Hon'ble Apex Court in para-5 of Dharam Pal (supra), has held that there is no fetter on the Investigating Officer converting the case under Sections 325 and 308 IPC on the basis of the injury report if in his opinion the circumstances of the case makes out such allegations which constitute those offence even if he does not examine the medical officer. In the present case also Investigating Officer found that medical evidence under Section 324 IPC and registered first information report under Sections 323, 324 and 504 IPC. Hon'ble Apex Court in para-8 of Dharam Pal (supra), after discussing the Apex Court judgment in Union of India Vs. Prakash P. Hindua MANU/SC/0446/2003, has held that the alleged irregularity of the police officer is not being empowered to investigate the case is not one of the irregularities mentioned in Section 461 Cr.P.C. which vitiates proceedings and moreover in Section 460(b), it is even provided that if any Magistrate not empowered by law orders, under Sections 155 Cr.P.C., the police to investigate an offence, then the irregularity does not vitiate the proceedings.

8. In view of the above, this Court does not find any error in the order dated 12.08.2024 passed by the Trial Court as well as in impugned proceedings going against the applicant.

9. The present 482 application of applicant- Rajpal Singh, is hereby dismissed with the aforesaid observation. Order Date :- 17.4.2025 Aditya