Ritika
Prayagraj
Photo: Amar Ujala
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The Allahabad High Court has said that the evidence compiled in the supplementary investigation report is also necessary to consider the application for discharge from the crime. It is not correct to dismiss the application for discharge only on the basis of taking cognizance of the charge sheet filed earlier.
The court said that the supplementary police report of acquittal presented after the charge sheet is part of the charge sheet and both the police reports will be considered jointly at the time of hearing of the application for acquittal of the accused.
The Court held the non-consideration of the report of acquittal of murderous assault in the charge sheet of murderous assault and the supplementary police report illegal and set aside the order of the trial court rejecting the discharge application and fixed the discharge application afresh. instructed to do.
Justice Rajveer Singh has given this order while accepting the revision petition of Ashok Verma, secretary of a club in Varanasi Cantt police station area. The petition argued that it is necessary to consider the evidence compiled in the advance deliberation report at the time of hearing of the discharge petition. The application cannot be rejected merely considering the charge sheet filed earlier.
Said that the complainant’s brother Ashish Rathi had gone to the PNU club. Where there was a quarrel with the petitioner. The petitioner beat him up and fired from the pistol.
Both the parties lodged FIR in Cantt police station. The police filed a charge sheet against the petitioner for assault and firing. But the discussion continued. Based on the report of the pistol not being fired in the ballistic investigation report, the police in the supplementary report only accused the petitioner of assault but acquitted him of the charge of murderous attack.
The petitioner filed a discharge application on the basis of this, but the court rejected the charge sheet filed earlier on which the court had taken cognizance. Raise the question in the High Court, if there is a police report, then it is right to consider only one report on the discharge application. The court said that both the reports will be seen jointly.
