Ashok Kumar Alias Ashok Sharma vs State Of U.P. And Another
2021 Latest Caselaw 1322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 910 of 2021
 

 
Applicant :- Ashok Kumar Alias Ashok Sharma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sundeep Shukla,Nitin Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present application has been filed to quash the charge sheet no.69 of 2020, dated 16.05.2020 under Sections 452, 323, 506 IPC as well as cognizance order dated 02.11.2020 passed by A.C.J.M, Court No.2, Muzaffar Nagar, arising out of case crime no.59 of 2020, P.S. Titavi, District Muzaffar Nagar.

Counsel for the applicant argues that the criminal proceedings instituted and being tried against the applicant are nothing but an abuse of process of law. He argues that for an incident that had happened in between the parties, the police had proceeded to pass an order under Section 107/116 Cr.P.C., which is on record as Annexure-2. He argues that despite the said order and by concealing the true fact a fresh FIR was got filed after about 11 days of the alleged incident.

From perusal of the FIR it makes it clear that the incident has taken place on 01.03.2020 and the FIR was filed on 12.03.2020. He argues that during investigation call detail record were provided to the I.O. to demonstrate that the applicant was not present on the place of incident, which fact has also recorded in the C.D. by the I.O. However by filing the charge-sheet the same was not taken into consideration and the charge-sheet has been filed in the mechanical manner. He further argues that while taking cognizance the learned Magistrate had passed a mechanical order which has already been deprecated by the Court in various judgments.

Learned counsel for the applicant has placed reliance upon the judgment of this Court passed in an Application u/s 482 No.15450 of 2020 (Vineet Agarwal and 2 Others Vs. State of U.P. & another), decided on 11.11.2020 in support of his submissions.

A perusal of the summoning order makes it clear that the same has been passed without there being even a prima facie application of mind.

In view thereof the order dated 02.11.2020 is set aside.

The matter is remanded to the Court of A.C.J.M. Court No.2, Muzaffar Nagar to pass a fresh order, if he deem so fit, after taking into account the relevant materials placed before him.

Registrar General is directed to send a copy of this order to the court of A.C.J.M Court No.2 for its implementation as directed above.

The application is partly allowed.

Order Date :- 21.1.2021

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