Allahabad High Court
Ramjeet Verma vs State Of U.P. Thru. Prin. Secy. ... on 8 December, 2022
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- APPLICATION U/S 482 No. - 9143 of 2022
Applicant :- Ramjeet Verma
Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Civil Sectt. Lko. And Another
Counsel for Applicant :- Abhinav Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Sri Abhinav Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been moved on behalf of the applicant, Ramjeet Verma, with a prayer to quash the impugned order of cognizance and summoning dated 10.09.2020 passed by the learned A.C.J.M., Court No.19, Sultanpur in Criminal Case No.1569 of 2021, arising out of Case Crime No.166 of 2020, under Sections 147, 504, 452, 427, 435, 436, 506, 188, 269 I.P.C. and Section 3 Epidemic Diseases Act and the judgment and order dated 09.11.2022 passed by learned Sessions Judge, Sultanpur in Criminal Revision No.269 of 2022.
Learned counsel for the applicant while drawing attention of this Court towards the charge sheet submits that the investigating officer has submitted the charge sheet against the applicant, Ramjeet Verma only under Section 504, 506 I.P.C. while with regard to the other co-accused persons, the charge sheet was filed under Section 147, 504, 452, 427, 435, 436, 506, 188, 269 I.P.C., Section 57 Disaster Management Act and Section 3 of Epidemic Diseases Act and vide endorsement of the magistrate made on the charge sheet by the magistrate, it appears that the cognizance has also been taken under the same Sections wherein charge sheet has been submitted but the process has been issued against the applicant for facing trial under Sections 147, 504, 452, 427, 435, 436, 506, 188, 269 I.P.C. and Section 3 Epidemic Diseases Act.
Highlighting the above facts, it is vehemently submitted that the order dated 10.09.2020 whereby the process appears to have been issued by the trial court against the accused persons including the applicant is a glaring example of non application of mind as at the first it has been wrongly recorded in the impugned order that the instant applicant, Ramjeet Verma was charge sheeted under Sections 147, 504, 452, 427, 435, 436, 506, 188, 269 I.P.C., Section 57 Disaster Management Act and Section 3 of Epidemic Diseases Act while infact the applicant, Ramjeet Verma was charge sheeted only under Sections 504, 506 I.P.C., therefore, the patent illegality appears to have been committed by the trial court in taking cognizance wherein he has not been charge sheeted and perhaps the summoning order has been passed by the trial court on an erroneous belief that the applicant has also been charge sheeted under other penal sections wherein all the other co-accused persons have been charge sheeted, thus the order dated 10.09.2020 as well as order of the revisional court dated 09.11.2022 is liable to be quashed so far as the same is concerned with the instant applicant.
Learned counsel for the applicant has also placed reliance on the judgment of Hon'ble the Supreme Court in the case of State of Gujarat Vs. Girish Radhakrishnan Varde reported in (2014) 3 SCC 659.
On the other hand learned A.G.A. for the State submits that irregularity in the cognizance and in the order whereby the process has been issued may be corrected at any time after issuance of summons and in this regard, reliance in this regard has been placed on M/s India Carat Pvt. Ltd. Vs. State of Karnataka; MANU/SC/0349/1989.
Having heard learned counsel for the parties and keeping in view the order intended to be passed, issuance of notice upon opposite party no.2 is hereby dispensed with.
In nutshell the grievance of the accused/applicant-Ramjeet Verma appears to be that though he was charge sheeted only under Sections 504, 506 I.P.C., the trial court without assigning any special reason has wrongly recorded that the applicant was charge sheeted in other penal sections also and has issued process against him for committing offence under Sections 147, 504, 452, 427, 435, 436, 506, 188, 269 I.P.C. and Section 3 Epidemic Diseases Act, also.
Perusal of the record fortifies the submissions made by learned counsel for the applicant as no special reason has been given by the trial court as to why the applicant who has only been charge sheeted for committing offence under Section 504, 506 I.P.C. has been summoned in other penal sections while he was not charge sheeted by the Investigating Officer in other penal sections. Secondly, a wrong observation has been made by the trial court in impugned order dated 10.09.2020 with regard to the submission of the charge sheet against the instant applicant-Ramjeet Verma in all the penal sections wherein the charge sheet has been submitted against the applicant under Sections 504 and 506 I.P.C. Therefore, in the considered opinion of this Court so far as the instant applicant is concerned, the order dated 10.09.2020 could not stand the test of law and the same is liable to be set aside.
Thus, for the reasons mentioned herein before and in view of the law laid down by Hon'ble the Supreme Court in the above mentioned case, the order dated 10.09.2020 passed by the trial court only with regard to the applicant-Ramjeet Verma is hereby set aside and the matter is remanded back to the trial court to pass order of taking cognizance and issuance of process, afresh.
With the aforesaid directions, the instant application is finally disposed of.
Order Date :- 8.12.2022
Saurabh
