New Delhi (Aryavarth): Allahabad, 5th June 2023 – The Allahabad High Court has dismissed an application filed by Rajesh Kumar challenging the charge sheet and summoning order in a criminal case against him. The case, bearing number 511 of 2022, arose from Case Crime No. 331 of 2019, under Sections 505(2)/295 (A) I.P.C. and 67 I.T. Act, registered at Police Station Milak, District Rampur. The applicant was represented by counsels Juned Alam and Mohd Hamid, while the State of U.P. and Another were represented by the learned counsel G.A.
During the hearing, Justice Prashant Kumar heard the arguments presented by Juned Alam on behalf of the applicant and A.K. Sand, Additional Government Advocate (A.G.A.), for the State. The applicant had filed the instant application under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking to challenge the charge sheet dated 6th December 2019, the summoning order dated 1st July 2022, and the entire proceedings of Criminal Case No. 511 of 2022.
The allegations against Rajesh Kumar were based on a first information report (FIR) that accused him of disturbing communal harmony. The FIR stated that the applicant had posted an objectionable picture of Lord Hanuman with an offensive tagline, which resulted in the registration of the case against him. After a thorough investigation, a charge sheet was filed, and the court, upon reviewing the material on record, found a prima facie case against the accused-applicant.
During the proceedings, the counsel for the applicant relied on the guidelines established by the Supreme Court in the case of State of Haryana and others vs. Bhajan Lal & others (1992 Supp.(1) SCC 335). The Supreme Court had outlined the circumstances in which the inherent power of the High Court under Section 482 Cr.P.C. could be exercised, emphasizing the prevention of abuse of process or securing the ends of justice. However, the Court held that it was not possible to provide rigid guidelines or an exhaustive list of cases, as the exercise of such power would vary depending on the facts and circumstances of each case.
The Supreme Court further delineated certain situations where the High Court could exercise its power under Section 482 Cr.P.C. For instance, if the allegations in the FIR or complaint did not prima facie constitute an offense, if the materials did not disclose a cognizable offense justifying an investigation by the police, or if the evidence collected did not disclose the commission of any offense, the Court could intervene. Other situations included cases where the allegations were absurd or inherently improbable, where there was a legal bar to the proceedings, or where the proceedings were maliciously instituted with ulterior motives.
The applicant’s counsel also referred to the case of Amanullah & Anr vs. State of Bihar & Ors (2016) 6 SCC 699, wherein the Supreme Court held that once a magistrate, after examining the evidence on record, formed an opinion that a prima facie case existed, the High Court should not exercise its inherent power under Section 482 Cr.P.C. unless the order was exfacie illegal.
Furthermore, the counsel for the applicant relied on the case of Kaptan Singh Vs. State of Uttar Pradesh and others (2021) 9 SCC 35, wherein the Supreme Court emphasized that if an application under Section 482 Cr.P.C. was filed after the conclusion of the investigation against the charge sheet, the High Court should not delve into the appreciation of evidence or draw its own inferences from the contents of the
FIR. In such cases, any disputed questions of fact should be examined by the lower court, and the High Court should not interfere while dealing with the application under Section 482 Cr.P.C.
After considering the arguments and analyzing the precedents, Justice Prashant Kumar concluded that the present case did not fall within the guidelines established by the Supreme Court. The scope of the High Court’s jurisdiction under Section 482 Cr.P.C. was clearly defined, and the instant application did not meet the necessary requirements. Therefore, the court found no reason to interfere and dismissed the application filed under Section 482 Cr.P.C.
This ruling emphasizes the limited role of the court at the stage of taking cognizance. The court’s power is primarily focused on determining whether the material presented establishes the commission of offenses, without delving into the merits of the case. The order, dated 5th June 2023, was digitally signed by Ramakant, the authorized representative of the High Court of Judicature at Allahabad.
The dismissal of the application signifies the continuation of the criminal case against Rajesh Kumar, who will now have to face the charges leveled against him.
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