District-LUCKNOW Notice:32021027620 D.O.F. 06/10/2021 [ Appl. 134037/2021 => Application for Interim Relief ] 1.MISB -23501/2021 HARI KARAN SINGH & ORS. VIKAS SHARMA PAWAN KUMAR MAURYA Vs. STATE OF U.P. THRU. PRIN.- C.S.C. SECY. REVENUE LKO. & ORS. District-LUCKNOW Notice:32021027624 D.O.F. 06/10/2021 [ Appl. 134065/2021 => Application for Interim Relief ] 2.MISB -23514/2021 SMT. SHANTI DEVI ASHUTOSH KUMAR SINGH VIJAY BAHADUR SINGH 1. Rival Contentions Fall For Consideration. 2. The Ambit And Scope Of The Powers Of The Magistrate Under Section 319 Of The Code Were Considered In The Constitution Bench Judgment Of The Supreme Court In Hardeep Singh And Others Vs. State Of Punjab2. Referring To The Object Of The Provision It Was Held That The Object Of The Provision Is That The Real Culprit Should Not Get Away Unpunished And In A Situation Where The Investigating Agency For Any Reason Does Not Array One Of The Real Culprits As An Accused, The Court Is Not Powerless In Calling The Said Accused To Face Trial. It Was Stated Thus :- 9090.90.5151/51 "8.The Constitutional Mandate Under Articles 20 And 21 Of The Constitution Of India, 1950 Provides A Protective Umbrella For The Smooth Administration Of Justice Making Adequate Provisions To Ensure A Fair And Efficacious Trial So That The Accused Does Not Get Prejudiced After The Law Has Been Put Into Motion To Try Him For The Offence But At The Same Time Also Gives Equal Protection To Victims And To Society At Large To Ensure That The Guilty Does Not Get Away From The Clutches Of Law. For The Empowerment Of The Courts To Ensure That The Criminal Administration Of Justice Works Properly, The Law Was Appropriately Codified And Modified By The Legislature Under Crpc Indicating As To How The Courts Should Proceed In Order To Ultimately Find Out The Truth So That An Innocent Does Not Get Punished But At The Same Time, The Guilty Are Brought To Book Under The Law. It Is These Ideals As Enshrined Under The Constitution And Our Laws That Have Led To Several Decisions, Whereby Innovating Methods And Progressive Tools Have Been Forged To Find Out The Real Truth And To Ensure That The Guilty Does Not Go Unpunished. 9.The Presumption Of Innocence Is The General Law Of The Land As Every Man Is Presumed To Be Innocent Unless Proven To Be Guilty. Alternatively, Certain Statutory Presumptions In Relation To Certain Class Of Offences Have Been Raised Against The Accused Whereby The Presumption Of Guilt Prevails Till The Accused Discharges His Burden Upon An Onus Being Cast Upon Him Under The Law To Prove Himself To Be Innocent. These Competing Theories Have Been Kept In Mind By The Legislature. The Entire Effort, Therefore, Is Not To Allow The Real Perpetrator Of An Offence To Get Away Unpunished. This Is Also A Part Of Fair Trial And In Our Opinion, In Order To Achieve This Very End That The Legislature Thought Of Incorporating Provisions Of Section 319 Code Of Criminal Procedure. It Is With The Said Object In Mind That A Constructive And Purposive Interpretation Should Be Adopted That. Rohit Typing Center.