These two appeals have been filed by the appellant-complainant challenging the order dated 21.07.2022 by which the High Court had granted the prayer made by the respondents-accused to amend the application filed under Section 482 Cr.P.C.
Also Read: https://newslaw.in/supreme-court/high-court-dismisses-bail-application-in-corruption-case/
Being aggrieved by the said report, the appellant-complainant filed a Protest Petition being F.R. On 20.07.2022, the respondents-accused, who were the applicants before the High Court, submitted an application seeking amendment in the prayer clause of the application filed under Section 482 and prayed for setting aside of the order dated 15.11.2018 as well.
On the very next day, the High Court after hearing the learned counsel for the parties passed the impugned order on 22.07.2022, allowing the said application under Section 482 as stated hereinabove.
State (UT of Chandigarh) (1980) 4 SCC 631 wherein it was held that after receipt of the police report under Section 173, the Magistrate has three options: (H.S. (1) he may decide that there is no sufficient ground for proceeding further and drop action; (2) he may take cognizance of the offence under Section 190(1)(b) on the basis of the police report and issue 5 process; this he may do without being bound in any manner by the conclusion arrived at by the police in their report; (3) he may take cognizance of the offence under Section 190(1)(a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200.
Also Read: https://newslaw.in/supreme-court/illegality-of-arrest-under-pmla/
….
The Magistrate can ignore the conclusion arrived at by the investigating officer and independently apply his mind to the facts emerging from the investigation and take cognizance of the case, if he thinks fit, exercise his powers under Section 190(1)(b) and direct the issue of process to the accused. Secondly, he may take cognizance of the offence under Section 190(1)(b) on the basis of the police report and issue process; and thirdly, he may take cognizance of the offence under Section 190(1)(a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200.
It was only when the concerned CJM after recording the statements of the complainant and eight witnesses, issued summons on 11.01.2022, the respondents filed the application challenging the said order dated 11.01.2022 under Section 482 before the High Court, and in the said application, the order dated 15.11.2018 came to be challenged by way of amendment. In our opinion, 8 the High Court has committed gross error in setting aside the orders dated 15.11.2018 and 11.01.2022 passed by the CJM.
Also Read: https://newslaw.in/supreme-court/dismissal-of-bail-application-in-money-laundering-case/
Pending application(s), if any, also stand disposed of.
Case Title: ZUNAID Vs. STATE OF U.P.
Case Number: Crl.A. No.-002628-002629 / 2023
