Allahabad High Court
Vijay Singh vs State Of U.P. And Another on 29 August, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:138533 Court No. - 82 Case :- APPLICATION U/S 482 No. - 23938 of 2024 Applicant :- Vijay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanchan Devi,Neha Rani,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the entire criminal proceeding of Case No.369 of 2002 (State vs. Vijay Singh) as well as charge sheet dated 12.10.2002 and cognizance order dated 18.10.2002 arising out of Case Crime No.165 of 2002, under Sections 198A I.P.C., Police Station Pipari, District Kaushambi pending the court of learned Judicial Magistrate, Kaushambi and to stay the further proceedings of the aforesaid case.
It is submitted by learned counsel for the applicant that in this case, a case was registered u/s 198A U.P.Z.A. & L.R. Act but during the course of investigation the I.O. investigated the case by considering it as an offence u/s 198A I.P.C. on the basis of which cognizance was also taken by the learned court concerned without applying its judicial mind and considering the fact that there is no any offence u/s 198A I.P.C. as alleged in the F.I.R. as well as in the charge sheet. This fact was not taken into consideration by the learned Magistrate though the case is pending since the year 2002 and even after lapse of 22 years applicant is being harassed. This shows clear misuse of the process of the court, therefore, request to quash the entire proceedings of the case including charge sheet and the order of cognizance alongwith subsequent proceedings.
Learned A.G.A. opposed the prayer as aforesaid but could not dispute the fact that though the F.I.R. was lodged u/s 198A U.P.Z.A. & L.R. Act but investigation was conducted by the I.O u/s 198A I.P.C. and charge sheet was also filed u/s 198A I.P.C. on the basis of which cognizance was taken by the learned court u/s 198A I.P.C. though no such offence is defined u/s 198A I.P.C.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, the contents of F.I.R. and the material collected during the course of investigation including the charge sheet, it appears that in this case F.I.R. was lodged u/s 198A U.P.Z.A. & L.R. Act but the entire investigation was done by the I.O. in view of Section 198A I.P.C. The police report/charge sheet was also prepared by the I.O. u/s 198A I.P.C. whereas there is no any provision as Section 198A in the whole scheme of Indian Penal Code. Learned Magistrate did also not consider this fact but took cognizance of the offence u/s 198A I.P.C. and case is continuing from the year 2002 till now. In this way, the charge sheet prepared by the I.O. after investigation u/s 198A I.P.C. cannot be said to be proper as Section 198A is not existent in the total scheme of Indian Penal Code. This fact was also not taken into consideration by the learned court concerned while taking the cognizance of the offence on 18.10.2002 which shows non-application of mind by the learned court concerned. In view of the aforesaid position of fact and the law, the order of cognizance passed by the learned court concerned cannot be said to be lawful, therefore, it cannot sustain and is liable to be set aside and subsequent proceedings to be quashed. As a result the order dated 18.10.2002 passed by the learned Magistrate and subsequent proceedings of the case are, hereby, quashed.
Accordingly, this application is allowed.
Order Date :- 29.8.2024 Ashok Gupta