Allahabad High Court
Mahendra @ Pappu vs State Of U.P. And Another on 16 December, 2022
Bench: Arvind Kumar Mishra-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- APPLICATION U/S 482 No. - 41267 of 2022
Applicant :- Mahendra @ Pappu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nigamendra Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed to quash the criminal proceedings in Case No. 1403/2003, under Section - 302 I.P.C., Police Station - Pilkhuwa, District - Hapur, in pursuance of charge sheet submitted in Case Crime No. 127/1997, pending in the court of Chief Judicial Magistrate, Hapur against the applicant.
Claims are manifold; prime being that in this case, the matter was investigated into and charge sheet was filed under Section - 304 I.P.C. against as many as three persons, who were charged under Section - 304 I.P.C. and judgment of conviction, as per the claim raised before this Court was delivered on 19.07.1997, whereby the accused were convicted to seven years imprisonment. On appeal being preferred before this Court, the accused were admitted to bail. Now, it so happened that further investigation of the case had proceeded and supplementary charge sheet was also filed under Section - 302 I.P.C..
Now, it so happened that the proceeding on that charge sheet took place. Pursuant thereto non bailable warrants were initially issued in the year 2005 against the applicant and other accused persons, which were opposed before the concerned court of A.C.J.M., District - Hapur. That being so, the A.C.J.M. required certified copy of the judgment of conviction, which was appealed before this Court, whereupon the certified copy of the judgment of conviction was produced and non bailable warrants were recalled. Since then the applicant was sure that nothing remains to be done by him and he left the scene. In due course of time, non bailable warrant was issued pursuant thereto proceeding under Sections - 82 and 83 Cr.P.C. was initiated against the applicant.
Feeling aggrieved by the same, the applicant has approached this Court. Argument is that the applicant cannot be put to jeopardy and for the same offence he cannot be tried twice for the same Court.
Also heard the learned A.G.A.
Upon consideration of the entirety of this case, obviously at the first instance when the applicant had moved their application before the court of A.C.J.M. bringing to its notice previous antecedents of the case that led to the conviction of the applicant under Section - 304 I.P.C. perhaps for the same occurrence in the same case crime number.
Now, it is incumbent upon the applicant to apprise the lower court concerned by moving appropriate application entailing all the details therein relevant and to put his case as per his convenience and the court below is duty bound under legal obligation to first consider the aspect that is legal as well as factual aspect that brought to its notice and to pass reasoned and speaking order thereon after affording opportunity of hearing to all concerned.
Till that is done, it would not be feasible in the interest of justice that fresh proceeding should be launched against the applicant and the proceeding shall be kept in abeyance for that time. However, it is expected that the applicant shall co-operate in the proceeding, failing which, the court below shall be free to proceed further against the applicant in accordance with law.
With the aforesaid observation, this application stands disposed of.
However, it is clarified that nothing has been observed on the merit of the case and about the maintainability or non maintainability of the proceeding as such, which issue is left open to the lower court concerned.
Order Date :- 16.12.2022
S Rawat
