RAM PRAKASH CHADHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The dismissal of application under Sec. 482, No.21739 of 2007, essentially, filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.PC') against dismissal of an application for discharge by the appellant herein under Sec. 227 Cr.PC, as per order dtd. 21/4/2023 by the High Court of Judicature at Allahabad is under challenge in this appeal. The appellant moved the said application for discharge in Crime No.371/1993, the charge in essence there is about custodial death of one Ram Kishore who happened to be cashier/accountant of the appellant, which in fact was registered based on the complaint of the appellant.

(2.) Heard, learned senior counsel Siddharth Dave appearing for the appellant and Shri Ardhendumauli Kumar Prasad, Additional Advocate General appearing for the State of Uttar Pradesh.

(3.) Before narrating the facts, we should bear in mind that exercise of power under Sec. 227, Cr.PC, is legally permissible only by considering 'the record of the case and the documents submitted therewith'. Therefore, necessarily, the question is what is the meaning of the expression 'the record of the case and documents submitted therewith'? According to us, it refers only to the materials produced by the prosecution and not by the accused. A three-Judge Bench of this Court considered this question in State of Orissa v. Debendra Nath Padhi,(2005) 1 SCC 568. It was held that the said expression as postulated in Sec. 227, Cr.PC, relate to the case and the documents referred to under Sec. 209, Cr.PC. Sec. 209, Cr.PC, reads thus:-