Rajkumar And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 167 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 16629 of 2020
 

 
Applicant :- Rajkumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shishir Kumar Tiwari
 
Counsel for Opposite Party :- G.A.,Kashi Naresh Mishra
 

 
Hon'ble Jayant Banerji,J.

Heard Sri Shishir Kumar Tiwari, learned counsel for the applicants and Sri Kashi Naresh Mishra, learned counsel appearing for opposite party no.2.

This case has been filed to quash the chargeshseet dated 05.03.2020 as well as entire criminal proceedings of Case Crime No. 0293 of 2019 under sections 323, 506, 452, 308 IPC.

The contention of learned counsel for the applicants is that initially a non cognizable offence information report was lodged against the applicants on 04.08.2019. However, on the order of the Magistrate for converting the NCR into FIR, the allegations were changed by the opposite party no.2. It is contended that no case as reflected in the FIR is made out and it appears wholly improbable that the applicants would be involved in the case or would have committed a crime as reflected in the FIR. It is admitted by learned counsel for the applicants that by means of an order dated 13.02.2020 passed in a petition for Special Leave to Appeal (Criminal) Nos. 967 of 2020 (Suman and others vs. State of U.P. and Another), the arrest of the petitioners has been stayed subject to their co-operating with the investigation. By that order of the Supreme Court, notice has also been issued. The summoning order appears on page 63 of the paper book. It is contended that the summoning order has been mechanically issued without application of mind by the Magistrate.

Learned counsel for the applicant has relied upon a judgment of this Court dated 19.04.2019 passed in an application under section 482 Cr.P.C. No. 13583 of 2019 (Avdhesh vs. State of U.P. and Another) to contend that the cognizance taken by the Magistrate as well as the summoning order have been passed on a printed proforma, reflects non application of mind and as such the same is liable to be quashed.

Sri Mishra learned counsel for opposite party no.2 as well as learned A.G.A. seek time to study the matter.

List this matter as fresh on 11.01.2021 before appropriate Court.

Order Date :- 5.1.2021

Madhurima

(Jayant Banerji, J.)