Mahendra Kumar Jaiswal @ Raju & ... vs State Of U.P. & Another
2021 Latest Caselaw 3952 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- U/S 482/378/407 No. - 1431 of 2021
 

 
Applicant :- Mahendra Kumar Jaiswal @ Raju & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Abhinandan Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioners as well as learned Additional Government Advocate and perused the entire petition.

2. This petition under Section 482 CrPC has been filed by the petitioners, who are accused in FIR No.0615 of 2019, under Sections 323, 504 and 506 IPC and 3(i)Da and Dha SC/ST Act lodged at Police Station Unchahar, District Raebareli, impugning the order dated 07.08.2020 passed by the Special Judge, SC/ST Act, Raebareli in Special Sessions Trial No. 1050 of 2020 by means of which cognizance has been taken on filing of charge-sheet.

3. On behalf of the petitioners, it is submitted that the impugned order has been passed on a printed proforma in the hand-writing of some clerk, which is evident from the impugned summoning order itself, as the ink used to sign the same and, signature on it, is different, the pen is also different. By means of the impugned order cognizance has been taken, whereas there is not even whisper relating to any offence under the provisions of the SC/ST Act against the petitioners in the FIR in question. The learned counsel further submits that there has been no application of judicial mind in passing the impugned order.

4. Mr. Vipul Gupta, learned A.G.A., has submitted that though in the FIR there is nothing to suggest the offence under the provisions of the SC/ST Act, but later on, during the course of investigation the witnesses, including the complainant and the victim, have alleged the offence and, therefore, charge-sheet has been filed under the provisions of the SC/ST Act also. On the basis of statement of the victim and witnesses, the offence is clearly made out against the petitioners and, thus, the learned Special Judge, SC/ST Act has taken cognizance under Sections 3(i)Da and Dha SC/ST Act.

5. I have perused the impugned order from which it is evident that it has been issued on a printed proforma, filled in by somebody else and, not by the Special Judge.

6. Considering the aforesaid fact and judgment passed by this Court at Allahabad in Application U/S 482 No.-7206 of 2020 'Dushyant Kumar Vs. State of U.P. and another' relying on several judgments of the Supreme Court, this petition is allowed and, the impugned order dated 07.08.2020 is quashed. However, the learned Special Judge is directed to pass afresh order, in accordance with law, within a month from the date certified copy of this order is produced.

[D.K. Singh, J.]

Order Date :- 18.3.2021

MVS/-