Allahabad High Court
Puttan Lal vs State Of U.P. Thru. Secy. Home Deptt. ... on 12 July, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:44951 Court No. - 12 Case :- APPLICATION U/S 482 No. - 6528 of 2023 Applicant :- Puttan Lal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Uma Kant Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Case No.442/2023, Case Crime No.271/2022 under Section 182, 447 I.P.C. and Section 2/3 of Damages of Public Property Act and Section 26, 63(C) of Indian Forest Act, Police Station Asoha, District Unnao as well as impugned summoning order dated 12.4.2023 and charge sheet dated 20.2.2023.
3. Learned counsel for the applicant submitted that in the present case applicant reported to the police about the alleged offence of encroachment over the land of Gao Sabha but with the collusion of named accused persons Investigating Officer had given finding that false report was given by the applicant and in place of recommendation for proceeding under Section 182 I.P.C., charge sheet was submitted for the offences under Section 182/447 I.P.C. and Section 2/3 of Prevention of Damages of Public Property Act as well as Sections 26, 63(c) of Indian Forest Act against applicant/informant as there is no evidence for the aforesaid offence. He further submitted that the charge-sheet was filed by the Investigating Officer against, Mohit, Rohit, Vimal & Sanjay for the offence under Sections 147, 182, 186, 352, 353, 447, 506 I.P.C., Section 2/3 of Prevention of Damages of Public Property Act as well as Sections 26, 63(c) of Indian Forest Act. He further submitted that as the learned court below took cognizance on 13.4.2023 against the applicant and other co-accused persons for the offence under Sections 147, 182, 186, 352, 353, 447, 506 I.P.C., Section 2/3 of Prevention of Damages of Public Property Act as well as Sections 26, 63(c) of Indian Forest Act, as it is obligatory on the part of the court below to take cognizance on the police report only for the offences those were mentioned in the charge-sheet against the applicant and charge can be framed in any offence on the basis of evaluation of the evidences collected by the Investigating Officer at the time of framing of charge, therefore, indulgence of this Court is necessary.
4. Learned A.G.A. has opposed the prayer of the applicant but he does not dispute this fact that charge sheet against the applicant was filed by the Investigating Officer for the offences under Sections 182/447 I.P.C. and Section 2/3 of Prevention of Damages of Public Property Act as well as Sections 26, 63(c) of Indian Forest Act but the learned court below had taken cognizance against the applicant alongwith other co-accused persons collectively for the offence under Sections 147, 182, 186, 352, 353, 447, 506 I.P.C., Section 2/3 of Prevention of Damages of Public Property Act as well as Sections 26, 63(c) of Indian Forest Act and also requested that the order passed by the court below on 13.4.2023 may be set aside with the liberty to pass a fresh order.
5. Considering the submissions of learned counsel for the parties, contents of the application as well as charge sheet filed by the Investigating Officer, it is evident from the charge-sheet submitted by the Investigating Officer that the charge sheet has been filed against the applicant for the offence under Section 182/447 I.P.C. and Section 2/3 of Prevention of Damages of Public Property Act as well as Sections 26, 63(c) of Indian Forest Act but the cognizance has also been taken in additional sections, in which, no charge sheet is filed against the applicant, therefore, order dated 13.4.2023 passed by the Additional Civil Judge, Judicial Magistrate, Unnao in Criminal Case No.442/2023, Case Crime No.271/2022 under Section 182, 447 I.P.C. and Section 2/3 of Damages of Public Property Act and Section 26, 63(C) of Indian Forest Act, Police Station Asoha, District Unnao as well as impugned summoning order dated 12.4.2023 and charge sheet dated 20.2.2023 is hereby set aside with a direction to the court below to pass a fresh order within one month from today.
7. In view of the above discussions, the present application under Section 482 Cr.P.C. is allowed.
8. Office is directed to communicate this order to the learned Magistrate for necessary action.
Order Date :- 12.7.2023 Gaurav/-