Allahabad High Court
Natthuram Maurya And Others vs State Of U.P. Thru. Prin. Secy. ... on 4 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 6242 of 2023
Applicant :- Natthuram Maurya And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Alok Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri B.N.Nishad, learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No. 11460 of 2023, State Vs. Natthuram Mauyra and others, arising out of N.C.R. No. 190 of 2022, under sections 323 and 504 of I.P.C. relating to Police Station-Tarabganj,District-Gonda, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Gonda as well as the impugned Chargesheet dated 18-01-2023, submitted by the Investigating Officer against the applicants in aforesaid N.C.R. No. 190 of 2022, and the impugned summoning order dated 25-01-2023 passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Gonda.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. He next added that initially the non cognizable report was registered under sections 323 and 504 of I.P.C. whereas the learned trial court without recording any reason has summoned the present applicants while passing the impugned order dated 25-01-2023.
During the course of his arguments, learned counsel for the applicants has drawn attention of this court towards page no. 28 of the paper book, wherein the applicants have pointed out that from bare reading of the impugned order dated 25-01-2023, it is apparent that no reason has been recorded. He also added that it is settled proposition of law that so far as the NCRs are concerned, the trial court cannot summon under section 190(1) (a) of Cr.P.C. any of the accused unless the reasons are recorded.
In support of his contentions, he has placed reliance on the Judgment of the Apex Court in the case of Sunil Bharti Mittal Vs. Central Bureau of Investigation, reported in (2015)4 Supreme Court Cases, 609 and Bhushan Kumar and Another Versus State(NCT of Delhi) and Another, reported in (2012)5 Supreme Court Cases, 424, and submits that the case of the present applicants is squarely covered with the ratio of the Judgments aforesaid. Thus, the submission is that the criminal proceedings against the present applicants may be quashed.
On the other hand, learned A.G.A. appearing for the State though has opposed the contentions aforesaid, but, he could not substantiate his argument that the reasons have not been recorded by the trial court while passing the impugned order dated 25-01-2023.
Having heard learned counsel for the parties and after perusal of the material placed on record, it transpires that the impugned order has been passed while taking cognizance under section 190(1)(a) of Cr.P.C. under sections 323 and 504 of I.P.C. though, no reason has been recorded for summoning the accused/applicants.
Since, it is a settled proposition of law that if the Magistrate while taking cognizance is summoning an accused under section 190(1)(a) of Cr.P.C., he has to record reasons, which is lacking in the instant matter.
Resultantly, the impugned order dated 25-01-2023 is hereby set aside and the matter is remitted back to the trial court concerned to pass a fresh order within a period of 30 days from the date of production of a certified copy of this order before it, strictly in accordance with law.
It is made clear that the learned counsel for the applicants shall intimate this order to the learned trial court concerned within a week and in case of any failure, the benefit of this order shall not be available to the present applicants.
With the aforesaid observations/directions, the present application is allowed.
Order Date :- 4.7.2023
AKS
