The Allahabad High Court has set aside an order initiating proceedings for recording the statement of the complainant again after framing of charges in the trial court.
A single-judge bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under Section 482 filed by Om Prakash Mishra and Another.
Counsel for applicants and complainant have fairly submitted that procedure as prescribed for cases instituted otherwise than on police report (Chapter XIXCB of Cr.P.C), stage of framing charges under Section 246 Cr.P.C. would definitely come after crossing the stage of Section 244 Cr.P.C, however, by the order dated 24.05.2023, the Magistrate has proceeded the trial in reverse gear that he has first framed charges under Section 246 Cr.P.C on 24.05.2023 and then proceeded towards the stage of Section 244 Cr.P.C by impugned order of same date, which is contrary to procedure prescribed.
The Court said that the criminal trial is like an aircraft which has no reverse gear and for push back, it requires the help of a push back tractor (i.e only by a specific legal provision).
Therefore, the order dated 24.05.2023 passed in Complaint Case under section 323, 392, 427, 506 IPC, Police Station Cantt, District- Varanasi, pending before Chief Judicial Magistrate, Varanasi in present form does not survive, the Court observed.
Hence, the Court set aside the matter and remitted back to the concerned Court to proceed in accordance with law, from the stage of Section 244 Cr.P.C.
In view of above, the Court disposed of the application with above observations.