Allahabad High Court
Jai Singh vs State Of U.P. And 2 Others on 27 May, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- APPLICATION U/S 482 No. - 2902 of 2022
Applicant :- Jai Singh
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Desh Deepak Singh,Anilesh Tewari
Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
Counsel for the applicant is permitted to delete the opposite party No. 3 during the course of day.
Heard Sri Desh Deepak Singh, counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been preferred with a prayer to set aside the criminal proceedings of Special Sessions Trial No. 193 of 2022 (State Vs. Jai Singh), pending before the Additional Sessions Judge-II/Special Judge (SC/ST Act), Lakhimpur Kheri, under Sections 504 and 506 I.P.C. and Section 3(1)(r), Section 3(1)(s) and 3(2)(va) of SC/ST Act, arising out of Case Crime No. 27 of 2022, Police Station Phool Behar, Kheri dated 18.01.2022 and the charge sheet dated 25.02.2022 as also the summoning order dated 04.05.2022, with a further prayer to stay the proceedings of the aforesaid case.
Counsel for the applicant submitted that opposite party No. 2 is a habitual person who used to lodge F.I.R. against persons under the provisions of SC/ST Act and earlier he tried to lodged F.I.R. under Section 156(3) Cr.P.C. against Ram Milan Mishra of the same village which was rejected by the Court on 15.12.2020. It has been submitted that the said opposite party No. 2 does this act in connivance with the Pradhan of the village. Counsel for the applicant submitted that the Pradhan uses the opposite party No. 2 against the villagers to lodge false F.I.Rs. against the villagers who raises their voice against him regarding the development works of village. It is also submitted that the opposite party No. 2 lodges F.I.Rs. against persons who belongs to other political parties. Counsel for the applicant has further invited the attention of the Court to a letter dated 26.03.2022 issued by District Magistrate Lakhimpur Kheri to contend that the applicant had made certain allegations against the Pradhan pursuant to which enquiry was conducted and due to aforesaid reason the Pradhan bears a grudge with the applicant and he has used the opposite party No. 2 lodge false F.I.R. against the applicant under the provisions of SC/ST Act. He has further submitted that the present F.I.R. has been lodged with a malafide intention and only to harass the applicant.
Learned counsel for applicant has cited judgment Hon'ble Supreme Court in the case of Hitesh Verma Vs. State of Uttrakhand and Another. In the said judgment Hon'ble Supreme Court has said that the application U/S 482 Cr.P.C. can be invoked to meet end of justice in the case of S.C./S.T. Act and charge sheet can be quashed. The said judgment is recent judgment decided on 5.11.2020 reported in (2020) 10 SCC 710. He has further invited attention of this Court in the judgment of Satish Kumar Sharma Vs. State of U.P. and Another decided on 17.7.2019 in Application U/S 482 Cr.P.C. No. 3560 of 2019 passed by this Court in which the Court has observed that the application U/S 482 Cr.P.C. can be maintained for quashing the charge sheet. He further invited the attention of this Court in the judgment passed by co-ordinate Bench of this Court at Lucknow vide order dated 18.3.2021 in Application U/S 482 Cr.P.C. No. 1380 of 2021 in which this Court has also taken note of the judgment passed by the Supreme Court in Hitesh Verma Vs. State of Uttrakhand and Another (Supra) and the Court has held that the application U/s. 482 Cr.P.C. is maintainable.
Learned AGA has taken preliminary objection that application U/S 482 for quashing the criminal proceedings and charge sheet in S.C./S.T. Act is not maintainable. He further pointed out a judgment passed by co-ordinate Bench of this Court vide order dated 5.10.2021 in Application U/s. 482 Cr.P.C. No. 12850 of 2021 in which it has been held by this Court that the application U/s/ 482 Cr.P.C. is not maintainable.
Aforesaid arguments requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List after service of notice.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 27.5.2022
Arun K. Singh
