Allahabad High Court
Abdul Salam @ Shanu And Another vs State Of U.P. And Another on 7 August, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:158197 Court No. - 89 Case :- APPLICATION U/S 482 No. - 27481 of 2023 Applicant :- Abdul Salam @ Shanu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Arvind Agrawal, learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash both the impugned orders dated 09.06.2023 and 18.06.2023 passed in Criminal Revision No.29 of 2022 and Criminal Case No.19228 of 2022 respectively, arising out of Case Crime No.0601 of 2019, under Sections 147, 452, 323, 504, 506 I.P.C., P.S. Delhi Gate, District Aligarh, pending in the court of CJM, Aligarh.
3. Counsel for the applicants submits that cognizance order dated 18.06.2022 passed by CJM, Aligarh is without application of judicial mind as the Investigating Officer has submitted charge sheet against the applicants. Opposite party no.2 moved protest application. Summoning order has been passed on protest application of the informant/opposite party No.2. He further submitted that while submitting protest application, applicants moved affidavit of witness Ibrahim and Azra Parveen along with protest application and cognizance has been taken considering the affidavit of witness Ibrahim and Azra Parveen. He further submitted that if the court accept the extraneous material filed with support of protest application, then no FIR can be lodged and in view of 190(1) only complaint can be lodged.
4. Per contra, learned A.G.A. opposed and submits that cognizance order dated 18.06.2023 is just and proper. Trial court has considered the judgment passed by Hon'ble The Apex Court in the case of Gangadhar Janardan Mhatre Vs. State of Maharashtra, (2004) SCC 768 and State of Orissa Vs. Habibullah Khan (2003) 12 SCC 129 and learned Magistrate has taken cognizance. Medical report is supporting the version of prosecution case.
5. Considering the argument raised by learned counsel for the applicants and learned AGA as well as perused the entire record, from perusal of order it is apparent that learned Magistrate has considered the judgement of Hon'ble Apex Court as well as evidence recorded by I.O., rejected the final report and on protest application summoned the accused person on account of medical report and statement recorded during course of investigation, prima facie, order passed on 18.06.2023 is just and proper and is not based on extraneous material. No interference is warranted, at this stage.
6. The present 482 application is dismissed with the aforesaid observation.
Order Date :- 7.8.2023 Nitin Verma