Allahabad High Court
Sanjay Kumar Tiwari vs State Of U.P. & Another on 16 September, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- U/S 482/378/407 No. - 6601 of 2019 Applicant :- Sanjay Kumar Tiwari Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Chandra Shekhar Pandey,Pal Singh Yadav,Prathama Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Virendra Kumar-II,J.
Heard learned counsel for petitioner and the learned A.G.A. for the State.
This petition has been instituted by the petitioner to quash the proceedings of Criminal Case No. 3403 of 2017, arising out of Crime No. 366 of 2015, under Sections 353, 504, 506 I.P.C., P.S. Nighasan, District Kheri pending in the court of Ist Additional Chief Judicial Magistrate, Nighasan, Kheri and also to quash the impugned order dated 21.12.2017 by which petitioner has been summoned to face the trial. Further prayer has been made to quash the order dated 20.07.2019 by which non bailable warrant has been issued against the petitioner.
As per the prosecution version, the Sub Divisional Magistrate, Nighasan, Kheri lodged an F.I.R. on 19.09.2015 against the petitioner with the allegation that on 16.09.2015 when he was on duty in his office a call came on his mobile which was received by him. He apprised the caller that he is S.D.M. Nighasan, the caller asked him for deleting the name of a lady from the voter list by using abusive language and also threatened for dire consequences. On the basis of call details the petitioner was found to be the caller.
It is submitted by the learned counsel for petitioner that the petitioner is innocent. He is resident of Lucknow and doing his own business of construction work. He has been implicated in the crime due to political rivalry of the village.
It is further submitted that the Investigating Officer has submitted charge sheet against the petitioner without any sufficient ground and evidence and without conducting impartial investigation.
Learned A.G.A. has opposed this petition by submitting that during the course of investigation the Investigating Officer has recorded statements of victim and witnesses and thereafter submitted charge sheet after conducting impartial investigation, upon which learned trial court has taken cognizance and summoned the petitioner to face the trial.
I have perused the record.
From the record it appears that the Investigating Officer has recorded statements of the complainant, Pramit Kumar Singh, S.D.M., Nighasan, along with the witnesses, Ram Kumar, Ram Pyarey and Vijay Pal. On the basis of evidence provided by the witnesses, the Investigating Officer has submitted charge sheet after full fledge investigation.
The factual aspects cannot be evaluated during the proceedings under Section 482 Cr.P.C.
This petition lacks merit and is liable to be dismissed.
Dismissed accordingly.
Learned counsel for petitioner further submitted that some time may be granted to the petitioner for surrender before the trial court.
Considering the above submission made on behalf of petitioner, it is provided that if petitioner appear and surrender before the trial court within 15 days from today and applies for bail in the above mentioned case, the trial court shall decide the bail application of petitioner expeditiously, according to the expositions of law propounded by this Court and Hon'ble Supreme Court.
During the aforesaid period of 15 days, no coercive action shall be taken against the petitioner.
Order Date :- 16.9.2019 Mustaqeem