1. Present petition under Section 482 Cr.P.C. has been filed questioning charge-sheet filed in FIR No.98 of 2019 registered under Sections 147, 148, 149, 307, 504, 506, 323, 325/34 IPC, Police Staiton Imaliya Sultanpur, District Sitapur as well as summoning order dated 04.06.2019.
2. Learned counsel for the petitioners submits that from perusal of the injury report, offence under Section 307 IPC is not made out.
He further submits that even if the allegations of FIR are accepted to be correct, medical report does not support the allegations in respect of the commission of the offence allegedly committed by the accused under Section 307 IPC. He, therefore, submits that learned A.C.J.M.-II, Sitapur has not applied his judicial mind before taking cognizance and summoning the accused.
3. On the other hand, Mr. S.Tripathi, learned A.G.A. submits that the Court has taken cognizance of the offence on the basis of material available on record along with the charge-sheet. At this stage, it cannot be said that what offence is made out and what offence is not made out. Prima facie evidence available with the charge-sheet discloses commission of offence for which the cognizance has been taken. The accused have been summoned. He, therefore, submits that there is no illegality in the impugned order and, therefore, this petition deserves to be dismissed.
4. I have considered the submissions advanced by the learned counsel for the petitioners and learned A.G.A. for the State.
5. At the stage of taking cognizance, learned Magistrate is required to peruse the charge-sheet and the material available on record. This is not a stage where trial Court is required to consider the evidence in detail to find out that for which offence the accused would get convicted. That stage comes at the stage of framing of charge. I do not find any error and illegality in the impugned order and, therefore, this petition being without merit and substance is hereby dismissed. However, the petitioners will have liberty to make submissions at the time of framing of the charge that which offence is not made out for which the cognizance has been taken by the learned Magistrate. Learned trial Court will consider the submissions in proper perspective and will decide the question of charge in accordance with law.
6. It is, however, provided that if the petitioners appear within a period of 15 days before the Trial Court, their bail application shall be considered as per the law laid down by this Court in Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For the aforesaid period of 15 days no coercive measure to be taken against the petitioners in pursuance of the impugned order.
Order Date :- 18.12.2019 prateek