Allahabad High Court
Mintu Chaubey And 3 Others vs State Of U.P. And Another on 28 June, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:105520 Court No. - 70 Case :- APPLICATION U/S 482 No. - 14398 of 2024 Applicant :- Mintu Chaubey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceeding of Special Session Trial No. 94 of 2024 (State vs. Bhagwat Shukla and 4 Others), pending in the court of Special Judge SC/ST Act, Chitrakoot including the Charge sheet dated 27.06.2023 in Case Crime No. 190 of 2023, under Sections 147, 323, 504, 506, 325 IPC as well as the summoning order dated 20.02.2024 passed by Special Judge SC/ST Act, Chitrakoot, under Sections 147, 323, 504, 506, 332 & 353 IPC & Section 3(1) da and dha of SC/ST Act, Police Station- Karwi, District- Chitrakoot.
3. Learned counsel for the applicants submitted that instant first information report was lodged by the opposite party no. 2 as Case Crime No. 190 of 2023, under Sections 147, 323, 504, 506, 332, 325 & 353 IPC & Section 3(1) da, 3(1) dha of SC/ST Act, Police Station- Karwi, District- Chitrakoot. He next submitted that the Investigating Officer after collecting evidence submitted charge-sheet against the co-accused, Bhagwat Shukla under Sections 147, 323, 504, 506, 332 & 353 IPC & Section 3(1) da & dha of SC/ST Act and against the applicants, Investigating Officer has submitted charge-sheet under Sections 147, 323, 504, 506, 325 IPC.
4. Learned Counsel for the applicants next averred that after receiving charge-sheet, learned Special Judge SC/ST Act, Chitrakoot without applying his judicial mind in most arbitrary manner, summoned the applicants under Sections 147, 323, 325, 504, 506, 332 & 353 IPC & Section 3(1) da & dha of SC/ST Act. He next submitted that while summoning the applicants under Sections 147, 323, 325, 504, 506, 332 & 353 IPC & Section 3(1) da & dha of SC/ST Act, learned Special Judge SC/ST Act, Chitrakoot has also not given any reason for summoning the applicants under the SC/ST Act. He next submitted that Investigating Officer has not collected any cogent evidence to prosecute/summoned the applicants under the SC/ST Act. He further submitted that impugned summoning order dated 20.02.2024, is an abuse of process of law and liable to be set-aside.
5. Per Contra, learned A.G.A. opposed the submissions made by counsel for the applicants.
6. Considered the submissions raised by counsel for the parties and perused the entire record.
7. From perusal of summoning order dated 20.02.2024, it is apparent that learned Special Judge SC/ST Act, Chitrakoot without applying his judicial mind in most arbitrary manner without assigning any reason, summoned the applicants under the SC/ST Act, whereas, Investigating Officer has not found any evidence against the applicants under the SC/ST Act. The summoning order dated 20.02.2024 passed against the applicant under the SC/ST Act is without application of judicial mind, as such, the summoning order dated 20.02.2024 passed by learned Special Judge SC/ST Act, Chitrakoot is hereby quashed.
8. The learned Special Judge SC/ST Act, Chitrakoot is hereby directed to pass fresh summoning order after going through the entire record as well as the evidence collected by the Investigating Officer during investigation, within a period of one month from the date of the production of certified copy of this order.
9. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 28.6.2024 Aditya