Gufran vs State Of U.P. And Another
2021 Latest Caselaw 1316 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 439 of 2021
 

 
Applicant :- Gufran
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shadab Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant and learned AGA for the State.

This Court had directed the service of notice upon the opposite party. An affidavit has been filed stating that the opposite party no.2 has been informed by her son. The same is taken on record.

This application has been filed seeking quashing of the proceedings of S.T. No. 282 of 2018, State Vs. Gufran and others, arising out of case crime no. 524/2016, under Sections 147, 286, 352, 504, 506 IPC and 3(1) (X) of SC/ST Act, P.S. Civil Lines, District Prayagraj.

The submission of the counsel for the applicant is that from the plain reading of the FIR and the statement of the witnesses and the entire charge-sheet, no offence can be said to be made out under Section 3(1) (X) of SC/ST Act, as it stood prior to its amendment before 26.01.2016 is made out. Even if everything is assumed to be correct, there is nothing on record to demonstrate that any words of insult or intimidation or humiliation were used within a public view. He further submits that the order taking cognizance is bereft of application of mind.

He relies upon the judgment of the Supreme Court in the case of Hitesh Verma Vs. State of Uttarakhand, reported in 2020 Law Suit (SC) 691, as well as the judgment of this Court in an Application under Section 482 No.13583/19, Avdesh Vs. State of U.P. and another, decided on 19.04.2019, whereby this Court has considered the scope of powers to be exercised by the Magistrate while taking cognizance of an offence.

On the basis of said two judgments, counsel for the applicant argues that the mechanical exercise of power of taking cognizance has been repelled by this Court.

In view of the submissions so made, I deem it appropriate to set aside the cognizance as well as summoning order dated 31.10.2018 and remand the matter for the court concerned to pass a fresh cognizance order taking into account the material before him and after recording prima facie satisfaction with regard to the nature of the offence in which the accused are to be summoned.

The application is partly allowed.

Registrar General is directed to supply the copy of the order to the court concerned for its implementation as directed above.

Order Date :- 21.1.2021

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