Allahabad High Court
Anupam Tiwari vs State Of U.P. Thur. Prin. Secy. Home ... on 6 March, 2020
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 33 Case :- U/S 482/378/407 No. - 2390 of 2011 Applicant :- Anupam Tiwari Opposite Party :- State Of U.P. Thur. Prin. Secy. Home Civil Sectt. & Another Counsel for Applicant :- S.S. Chaubey,M.G. Tripathi Counsel for Opposite Party :- Govt. Advocate,Chandra Shekhar Sinha Hon'ble Rajendra Kumar-IV,J.
Case called out in the revised list. No one is present on behalf of opposite party no.2.
Heard Sri S.S. Chaubey, learned Counsel for applicant, learned AGA for State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the accused-applicant with the following prayer :-
"to quash the charge sheet no.292 of 1993 arising out of case crime no.708 of 1993, under Sections 420 and 511 IPC, Police Station Hazratganj, District Lucknow registered as criminal case no.13693 of 1996, State versus Anupam Tiwari, pending in the Court of CJM Lucknow and to quash the impugned summoning order as well as NBW warrant issued against the applicant."
Learned Counsel for the accused-applicant submits that applicant is innocent; he has committed no offence; he has falsely been implicated in the present case; there is no independent witness of the incident; charge sheet submitted by Investigating Officer is not under the provisions of law; summoning / cognizance order is without proper application of mind and it is passed by the Court in routine manner which reflects non application of mind; he showed some papers and statements in support of his contentions.
Learned AGA for State as well as Counsel for the informant submitted that Investigating Officer collected entire evidence in right perspective and found sufficient prima-facie evidence and submitted charge sheet against accused-applicant; from the allegation made in FIR constituted an offence under the aforesaid sections. It is further submitted that applicant has an opportunity to raise all the objections at the time of framing charge before the Court concerned who is fully authorized and competent to consider and decide the same, therefore, application under Section 482 Cr.P.C. is liable to be dismissed.
I have gone through the impugned order and charge sheet as well as evidence collected by Investigating officer during investigation; cognizance /summoning order, followed by further proceeding of the case, has been passed by the Lower Court whereby cognizance has been taken and accused-applicant has been summoned; cognizance order does not reflect that there is any application of mind, learned Magistrate has not considered the material placed before him along-with charge sheet, impugned order is very cryptic and casual one, which does not reflect the application of mind by learned Magistrate; only blanks has been filled up in the impugned cognizance order.
In view of aforesaid, application under Section 482 Cr.P.C. is allowed to the extent that cognizance / summoning order and further proceeding pursuant thereto is quashed. Matter is remanded back to learned Magistrate concerned to consider entire material placed by Investigating Officer with charge sheet before him and pass afresh reasoned and speaking order in accordance with law within a period of four months from the production of a certified copy of this order.
Office is directed to communicate this order to the Court concerned through District Judge concerned forthwith.
Order Date :- 6.3.2020 I.A. Siddiqui/Manoj