Court No. - 53
Case :- APPLICATION U/S 482 No. - 14677 of 2018 Applicant :- Smt. Nazia Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kandarp Srivastava,Saurabh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Kandarp Srivastava, learned counsel for the applicant and Sri Shyamdhar Yadav, learned AGA appearing for the State.
The submission is that the first information report was not lodged under section 498A and 406 I.P.C but during investigation he had given a further memorandum. The applicant is the complainant of crime No. 772 of 2018 'State VS Nadeem' under section 498A, 406 I.P.C P.S. Kotwali District Bijnor pending in the court of learned Chief Judicial Magistrate. The grievance of the applicant as urged by the learned counsel for the applicant is that pending investigation a memorandum was given to the police that going by the offence committed, addition of offences under Section 498A, 376, 406, 420, 467, 468, 471, I.P.C be made in relation to which there is a prima facie evidence. The police, however, have filed a charge sheet under Section originally charged, that is to say, 498A and 406 I.P.C. They have not added as per the desire of the applicant offences under Sections 376, 420, 467, 468, 471 I.P.C. In the considered opinion of this Court, at this stage, of the proceeding it is not for the applicant to say what offence the police would challan the accused.
The grievance against the order of cognizance dated 16.02.2018 that cognizance has also been taken under Section 498A, 406 I.P,C for same reason is not tenable in the law. In the opinion of Court the appropriate stage to raise a grievance of this kind is when the charges are framed and an application under Section 216 Cr.P.C. can be made to redress that part of applicant's grievance. No exception can be taken to the order of cognizance by the Magistrate. This application fails and stands dismissed in limini.
Order Date :- 30.4.2018 Deepak