Allahabad High Court
Shashibala And 3 Others vs State Of U.P. And Another on 6 February, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 27268 of 2022 Applicant :- Shashibala And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Sri Hanuman Deen Verma, the learned counsel for applicants and the learned A.G.A. for State.
Perused the record.
This Application under Section 482 Cr.P.C. has been filed challenging the charge-sheet dated 22.5.2022 submitted in Case Crime No. 110 of 2022 under Sections 504 and 506 I.P.C., P.S. Gaur, District Basti, the cognizance taking order dated 4.07.2022 passed by Additional Civil Judge (J.D.) VI, Court No. 19, Basti upon aforesaid charge-sheet as well as entire proceedings of consequential Criminal Case No. 33 of 2022, State Vs. Shashibala and Others under Sections 504, 506 I.P.C., P.S. Gaur, District, Basti now pending in the Court of Additional Civil Judge (Junior Division) VI, Court No. 19, Basti.
Present Application came up for admission on 16.01.2023 and this Court passed the following order:
"Heard Mr. Hanuman Deen Verma, the learned counsel for applicant and the learned A.G.A. for State. On 4.1.2023, this Court passed the following order:
"Heard Mr. Hanuman Deen Verma, the learned counsel for the applicants and the learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed challenging the charge sheet dated 22.05.2022 submitted in Case Crime No.110 of 2022, under Sections 504, 506 I.P.C., Police Station Gaur, District Basti, the cognizance taking order/summoning order dated 04.07.2022 passed by Additional Civil Judge (J.D.), VIth, Court No.19, Basti as well as in Criminal Case No.33 of 2022 (State Vs. Shashibala and Others), under Sections 504, 506 I.P.C., Police Station Gaur, District Basti as well as entire proceedings of aforementioned criminal case, now pending in the court of Additional Civil Judge (J.D.), VIth, Basti.
Learned counsel for applicants submits that in respect of an incident which is alleged also to have occurred on 8.5.2022, a delayed F.I.R. dated 16.5.2022 was lodged by first informant/opposite party no.2.
Subsequent to above, Investigating Officer proceeded with statutory investigation of concerned case crime in terms of Chapter XII of Cr.P.C. All the witnesses including the first informant were examined on one day i.e. 22.5.2022 with reference to the material on record, he submits that statement of first informant has been recorded thrice without even giving particular nomenclature to the statement. He, therefore, submits that investigation is neither free nor fair. The same is tainted Investigating Officer has acted as an agent of the prosecution. As such, the impugned charge sheet is liable to be quashed.
In view of above, let the Investigating Officer appear in person along with the original case diary of concerned case crime before this Court on 16.1.2023.
Matter shall re-appear as fresh on 16.01.2023.
Till then no coercive action would be taken against the applicants in aforementioned case crime no. "
Pursuant to above order dated 4.1.2023, Investigating Officer has appeared in person before Court along with certified copy of case diary.
At the very outset, learned A.G.A. has fairly submitted that there are certain inherent typographical mistakes in case diary.
However, an opportunity be granted to rectify the same.
In view of above, hearing of present application is adjourned.
Let necessary exercise be undertaken by Investigating Officer within a period of three weeks.
Matter shall re-appear as fresh on 6.2.2023.
On the next date, Investigating Officer shall re-appear along with corrected copy of charge sheet.
Since the hearing of present application is adjourned on the above ground, as an interim measure, it is provided that till 6.2.2022, no coercive action shall be taken against the applicants in Criminal Case No. 33 of 2022 (State Vs. Shashibala and Others) arising out of Case Crime No. 110 of 2022, under sections 504, 506 IPC, Police Station- Gaur, District Basti.
The presence of Investigating Officer shall be endorsed on the order sheet."
Pursuant to the order dated 16.01.2023, the concerned Investigating Officer has appeared in person in Court. On the basis of instructions received from Investigating Officer. The learned A.G.A. submits that the charge-sheet submitted in Court has been corrected with the permission of the Court as the same was suffering from typographical error. As such, the issue raised on 16.01.2023 before this Court does not survive.
In view of above, this application is disposed of finally with liberty to applicants to appear before court below and file an appropriate application for bail, which shall be decided by court below in the light of decision rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.2021.
Order Date :- 6.2.2023 A. Mandhani