Allahabad High Court
Raj Kumar Singh vs State Of U.P. & Another on 25 March, 2021
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- U/S 482/378/407 No. - 1715 of 2021
Applicant :- Raj Kumar Singh
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Vijay Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the applicant/petitioner and learned AGA for the State as well as perused the record.
The instant petition has been filed by the petitioner with a prayer to quash/ set aside the charge sheet as well as summoning order and the order dated 8.3.2021 passed by learned Chief Judicial Magistrate, Gonda in Criminal Case No. 274 of 2017, arising out of Case Crime No. 226 of 2005, under Sections 408, 420, 477 IPC relating to Police Station Kotwali, District Gonda as well as all the proceedings pending court below.
Learned counsel for the petitioners have raised various submissions, crux of which is that the Investigating Offbeen considered the material submitted through the charge sheet and has issued process against the applicant/ petitioner on insufficient material and also sanction has not been taken before filing the charge sheet.
Learned AGA, however, is of the other view and has stated that the petitioner has approached this Court many times, on one pretext or the other and in any case he does not want to get the trial concluded and therefore the petition be dismissed as the same is devoid of any merits.
Having heard learned counsel for the parties and having perused the record what I find is that it is the sixth time petitioner has approached this Court. The first time, petitioner approached this Court was by filing petition under Section 482 Cr.P.C. No. 2 376 of 2018, wherein an opportunity was granted to him to approach court below and to move an appropriate application and it has been informed by learned counsel for the petitioner that such an application was filed before the court below and the same has been rejected.
Second time, petitioner approached this Court by filing Criminal Revision No. 1364 of 2018, however, the prayer sought in that revision was refused but an opportunity was provided to the petitioner to appear before the court within four weeks from the date of the order i.e. 17.12.2018 and to apply for bail and if a bail application is moved, the same was to be considered and disposed of in the light of settled law passed in Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. It was also stipulated that no coercive action shall be taken against petitioner till four weeks from the order.
Another application under Section 482 Cr.P.C. was moved by the petitioner bearing No. 2383 of 2019 almost with the similar prayer , however, the same was also dismissed by this Court, vide order dated 1.4.2019 and the petitioner was directed to appear before the court below within 30 days and to obtain regular bail and for a period of 30 days from the date of order it was directed that no coercive action shall be taken against the petitioner.
The petitioner has again approached this Court by filing another application under Section 482 Cr.P.C. No. 3073 of 2019, wherein also the petitioner has claimed identical reliefs which were claimed by him in the earlier petitions, however, the same was disposed of with a direction that the petitioner may move a discharge application through his counsel within four weeks from the date of the order and if any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. It has been informed by learned counsel for the petitioner that in pursuance of this direction application was filed by the petitioner and the same has been dismissed by the trial court vide order dated 5.12.2019.
The matter has not ended here and the petitioner again came before this Court by filing another application under Section 482 Cr.P.C. No. 8586 of 2019, however, the said petition was dismissed on account of concealment of material fact by the petitioner as well as also on merits.
In the background of the above factual matrix, the petitioner has again approached this Court by filing this application and a prayer has now been made to quash the summoning order as well as the order dated 8.3.2021whereby the non- bailable warrants have been issued against the petitioner.
All the grounds which have been taken by the petitioner in the earlier petitions as well as in the instant petition with regard to the quashment of the summoning order or the charge sheet are related to the disputed questions of fact and the same could not be adjudicated upon by this Court under the jurisdiction of application under Section 482 of the Cr.P.C. As at this stage only the prima facie case is to be seen as has been laid down by Hon'ble Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843.
Having regard to the facts and circumstances enumerated herein above as well as the law stated herein before, I do not find any substance in the submissions of learned counsel for the petitioner. The petitioner is making every effort to avoid the trial. He had been earlier granted opportunity to appear before the trial court form the purpose of obtaining bail in the light of Amrawati (supra) and Lal Kamlendra (supra), but he has not complied the directions of this Court. Therefore the prayer of either quashing the entire proceedings, summoning order as well as the order dated 8.3.2021 whereby non bailable warrants were issued, is not liable to be accepted and therefore for the reasons mentioned herein before, the petition is devoid of any merits and is thus dismissed.
The trial court is directed to proceed further and conclude trial in accordance with law.
A copy of this order be sent to the trial court immediately for compliance.
Order Date :- 25.3.2021
Muk
