Allahabad High Court
Khalid Habeeb And Another vs State Of U.P. And Another on 3 September, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:142417 Court No. - 82 Case :- APPLICATION U/S 482 No. - 24945 of 2024 Applicant :- Khalid Habeeb And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mustaqeem Ahmad,Rifaqat Husain Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Learned counsel for the applicants is permitted to delete the name of opposite party no.2 from the array of parties during the course of the day.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the cognizance and summoning order dated 04.04.2024 passed by learned Additional Chief Metropolitan Magistrate-II, Kanpur Nagar as well as proceeding of Criminal Case No.43330 of 2024 (State vs. Khalid Habeeb and others) arising out of Case Crime No.23/23, under Section 504, 506, 507 I.P.C., Police Station Kalyanpur, District Kanpur Nagar pending in the court of learned Additional Chief Judicial Magistrate-II, Kanpur Nagar.
It is submitted by learned counsel for the applicants that in this case F.I.R. was lodged u/s 504, 506 I.P.C. against the applicants with false allegations. During the course of investigation no proper material was collected by the I.O. but charge sheet was filed u/s 504, 506 I.P.C. against the applicant Khalid Habeeb and u/s 504, 507 I.P.C. against Reshma Khatoon. The learned trial court by order dated 04.04.2024 took cognizance of the offfence u/s 504, 506, 507 I.P.C. against both the applicants which shows that there was no application of mind on the part of the learned court concerned, therefore, request to quash the entire proceeding of the case including the order of cognizance dated 04.04.2024.
Learned A.G.A. opposed the prayer as aforesaid though could not dispute the fact that cognizance was taken by the learned court concerned u/s 504, 506, 507 I.P.C. against both the applicants though it was to be taken against the applicants u/s 504, 506 I.P.C. & u/s 504, 507 I.P.C. respectively.
Considering the facts and circumstances of the case, submissions made learned counsel for the applicants as well as learned A.G.A., perusal of record, contents of the F.I.R., material collected during the course of investigation and order of cognizance as passed by the learned Magistrate on 04.04.2024, it appears that after conclusion of investigation charge sheet was filed by the I.O. u/s 504, 506, 507 I.P.C. against Khalid Habeeb and u/s 504, 507 I.P.C. against Reshma Khatoon but cognizance has been taken against both the applicants u/s 504, 506, 507 I.P.C. which cannot be said to be lawful and based on the material on record and also shows non-application of mind by the concerned Magistrate, therefore, it cannot sustain in the eyes of law. As a result the cognizance order dated 04.04.2024 passed by the learned Magistrate for taking cognizance of the offence is, hereby, set aside and the matter is remanded back to the learned court concerned to pass the order afresh on cognizance of the offence on the basis of material on record while applying its judicial mind.
Accordingly, this application is disposed of finally.
Order Date :- 3.9.2024 Ashok Gupta