Chandan v. State Of Up And 3 Others
Case at a glance
Outcome
Dismissed
In view of the above, this petition is dismissed
Provisions considered
- Constitution of India art. 227
- Indian Penal Code, 1860 ss. 352, 504, 506
- Code of Criminal Procedure, 1973 ss. 156(3), 200, 202, 203
Judgment
Operative part
Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to stay the effect and operation of impugned order dated 20.12.2023 passed by Additional District & Sessions Judge, Court No.11, Shahjahanpur in Civil Revision No.38 of 2023 (Chandan v. State of U.P. and others) and order dated 23.01.2023 passed by Additional Civil Judge (S.D./Additional Chief Judicial Magistrate, Court No.20., Shahjahanpur in Complaint Case No.226 of 2022 (Chandan v. Shareef and others), under Sections 352, 504, 506 I.P.C., Police Station Jalalabad, District Shahjahanpur. It has been submitted by learned counsel for the petitioner that petitioner moved an application under Section 156(3) of Cr.P.C. which was treated as complaint case and was dismissed under Section 203 Cr.P.C without considering the material available on record as well as statements under Sections 200 and 202 Cr.P.C, against which petitioner preferred a revision which was also dismissed by the trial court. From the perusal of the record, it transpires that there are major contradictions in the statements of the complainant and the witnesses recorded under Sections 200 and 202 Cr.P.C.. There is no illegality in the impugned order and has been rightly rejected. Therefore, no interference is required. In view of the above, this petition is dismissed. Order Date :- 4.7.2024 A.N. Mishra
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Indian Penal Code, 1860 — ss. 352, 504, 506; Code of Criminal Procedure, 1973 — ss. 156(3), 200, 202, 203.
Which court decided this case, and when?
Allahabad High Court, on 04 Jul 2024.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.