Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J. In the matter – Rakesh And 2 Others the V/s State Of U.P. Through Secretary Home At Lucknow And Anr [APPLICATION U/S 482 No. – 23628 of 2021]dealt with an issue mentioned above.
The present application under Section 482 of the Code of Criminal Procedure, 19731 has been filed seeking to quash the entire proceedings of Criminal Case No. 379 of 2021 (State Vs. Rakesh and others) arising out of Case Crime No. 0245 of 2021 under Section 504 & 506, police station-Jamunapur, DistrictMathura, pending in the court of learned Judicial Magistrate, Mathura.
In the decision in the case of Virendra Singh (supra), a view was taken that since the Code of Criminal Procedure, 1898 stood repealed in terms of Section 484 of the Code 1973, Section 10 of the Amendment Act, 1932 had become redundant and otiose and no Notification could have been issued under Section 10 of the said Act of 1932 and for the said reason, the Notification issued by the State Government whereunder the offence under Section 506 was made cognizable and non-bailable was held to be illegal.
The court perused the facts and arguments presented in the case That being the legal position, the investigation into the offence pursue lodging of the F.I.R. under Sections 504 and 506 of the Penal Code and the placing of the police report under Section 173 thereof, upon which cognizance was taken by the Magistrate and process has been issued, cannot be said to suffer from any illegality so as to persuade this court to exercise its inherent jurisdiction under Section 482 of the Code.
Judgment reviewed by Sakshi Mishra