Allahabad High Court
Uma Shankar Soni vs State Of U.P. And Another on 7 September, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- APPLICATION U/S 482 No. - 12905 of 2020 Applicant :- Uma Shankar Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.
This application under Section 482 Cr.P.C. has been filed by applicant- Uma Shankar Soni, with prayer to setting aside the Charge Sheet No.01 of 2020 dated 07.04.2020 and cognizance taking order dated 22.06.2020 along with entire proceedings of Special Case No.186 of 2020 (State Vs. Bhola Prasad Dubey and others) arising out of Case Crime No.458 of 2019, under Section 2/3 of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Karvi Kotwali Nagar, District- Chitrakoot, pending in the court of Special Judge, Gangster Act/ Additional Sessions Judge/ F.T.C. (New) Chitrakoot.
Learned counsel for the applicant argued that accused applicant is innocent, he has been falsely implicated in this very case crime number on the basis of single case of Case Crime No.813 of 2018 wherein he was not named. Rather his involvement was there on the basis of confessional statement made by co-accused and he was enlarged on bail in Criminal Misc. Bail Application No.17869 of 2019 (Uma Shankar Soni Vs. State of U.P.) by co-ordinate Bench of this court on 29.04.2019. A Criminal Misc. Writ Petition No.19624 of 2019 (Uma Shankar Soni Vs. State of U.P. and 2 Others) was filed wherein a protection was given by this court, now charge sheet has been filed and cognizance has been taken. Though, there was no evidence at all, hence, entire criminal proceeding is under abuse of process of law.Hence, this application with above prayer.
Learned A.G.A. has vehemently opposed the application.
Having heard learned counsel for both sides and gone through material placed on record, it is apparent that above case crime number for which offence under U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 has been lodged was with an acquisition of hatching conspiracy for offence of murder. Although, applicant has been enlarged on bail but its an offence coming within the ambit of Chapter for which Gangster Act may be implicated.
With regard to filing of writ petition, it is apparent that all these arguments raised before the Division Bench for above writ proceeding but First Information Report was not quashed. Rather, a protection was given till submission of police report and now report has been filed and cognizance has been taken. Hence, it cannot be said that it was an abuse of process of law.
Considered the rival submissions made by the parties.
This Court in exercise of inherent jurisdiction under Section 482 Cr.P.C. is not to make analyses of factual aspect and evidence as has been propounded by Hon'ble Apex Court in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844, Hamida v. Rashid, (2008) 1 SCC 474, Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781, Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296, Dhanlakshmi v. R.Prasana Kumar, (1990) Cr.L.J. 320 (DB): AIR 1990 SC 494, State of Bihar V. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1, there is no ground for interference under Section 482 Cr.P.C. Hence this application merits its dismissal.
Accordingly, application is dismissed.
However, in the interest of justice, it is provided that if the applicant appears and surrenders before the court below within thirty days from today and apply for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of thirty days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
Order Date :- 7.9.2020 Krishna*