Ram Kumar and Others vs State of U.P. and Others

S.K. Agarwal, J.—Heard learned Counsel for the applicants Sri N. K. Misra, learned Counsel for the Respondents Sri R. N. Sharma and learned A.G.A. for the State.

It has been contended by the learned Counsel for the applicants that summoning order is bad in law inasmuch as it has been passed on a final report after its rejection without affording any opportunity of hearing to the applicants.

The entire Code of Criminal Procedure do not contain any provision for affording any opportunity of hearing to an accused before he is summoned by the Court in a case in which final report has been filed by the police. This issue has been settled beyond reckoning. Not only the Apex Court but a Full Bench of this Court in Ranjit Singh v. State of U.P. 2000 ACC 342, has held that there is absolutely nothing in the Code of Criminal Procedure on the basis of which such opportunity can be granted to any accused. Principle of equity and natural justice has hardly any teeth to bite where a specific procedure is prescribed by the Code of Criminal Procedure for the conduct of any particular proceeding. Framers of the Code have not thought it proper to allow multiplicity of proceedings at interim stage. The right to claim a discharge is contemplated for this purpose only to an accused if charge-sheet is submitted and he is summoned. This right is available to him at any stage before the charge is framed and even lateron after the evidence recorded does not prove the charge. In view of the above discussions, the argument advanced by the learned Counsel for the applicants is rendered wholly unsustainable. As earlier stated, no where in the Code of Criminal Procedure any such provision is contained. No Court can go beyond what is contained in the concerned Code wherein procedure is prescribed for taking cognizance of an offence by the Court in a specific manner. No deviation from that established procedure is permissible. Rule of interpretation of statutes also does not permit any such liberty.

In the circumstances, this submission does not hold any water. This application is accordingly rejected.