Allahabad High Court
Jagdish Nauhawar vs State Of U.P. And Another on 16 December, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- APPLICATION U/S 482 No. - 46273 of 2019 Applicant :- Jagdish Nauhawar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Heard Shri Vinay Kumar Tripathi, learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Case No. 1338 of 2017, arising out of Case Crime No. 30 of 2017, under Section 171(H) IPC, P.S. Sureer, District Mathura pending in the court of Additional Chief Judicial Magistrate-I, Mathura.
It is submitted by learned counsel for the applicant that initially in this matter, charge sheet was submitted for the offence under Sections 171(H) & 188 IPC. Cognizance was taken on 11.07.2017. Thereafter a criminal revision was filed by the applicant before the Sessions Judge concerned, which was partly allowed quashing the cognizance order in respect of offence under Section 188 IPC. It is further submitted that lower revisional court found cognizance order for the offence under Section 171(H) IPC legal one. Referring to the aforesaid facts and the punishment provided for the offence under Section 171(H) IPC, it is submitted that offence under Section 171(H) IPC is non-cognizable and bailable and is squarely covered with the provisions of Section 2(d) Cr.P.C. and Chapter XV of Cr.P.C. Thus, cognizance for the aforesaid offence on the charge sheet is also illegal.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, having considered the submissions made by learned counsel for the parties and keeping in view the provisions of Section 2(d) Cr.P.C. and Chapter XV of the Cr.P.C. and also the nature of the offence under Section 171(H) IPC, in my view, order dated 11.07.2017 passed by the concerned Magistrate in respect of the aforesaid offence is liable to be set aside. The impugned order is accordingly set aside. The court below is directed to pass appropriate order on the charge sheet in accordance with law.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 16.12.2019 Sanjeet