Allahabad High Court
Arvind Kushwaha And 2 Others vs State Of U.P. And Another on 10 October, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194479
Court No. - 87
Case :- APPLICATION U/S 482 No. - 20100 of 2023
Applicant :- Arvind Kushwaha And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ankita Singh,Saurabh Chaturvedi
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
1. Heard Sri I.K. Chaturvedi, learned Senior Advocate assisted by Sri Saurabh Chaturvedi, learned counsel for the applicants and learned AGA for the State.
2. The present application under section 482 Cr.P.C. has been filed for quashing the order dated 15.4.2023 passed by the learned Additional Sessions Judge, Court No.3, Jhansi in Sessions Trial No.136 of 2013 (State of U.P. vs. Arvind and others), arising out of case crime no. 282 of 2010, under Sections- 308, 323, 504, 506 IPC, Police Station- Sipri Bazar, District- Jhansi.
3. Case was heard on 20.9.2023, Court has passed the following order:-
"1. Heard Sri R.K. Chaturvedi, learned Senior Counsel, assisted by Sri Saurabh Chaturvedi, learned counsel for the applicants and learned A.G.A. for the State.
2. Learned Senior Counsel submitted that in the present matter, evidence of P.W.-1 was recorded on 23.10.2018 with the endorsement "Cross examination continued" and similarly, evidence of P.W.-3 was also recorded on 06.07.2019 with the same endorsement, i.e. " Cross examination continued". He next submitted that later on, cross examination of P.W.-1 was completed on 15.12.2021, whereas, cross examination of P.W.-3 was completed on 03.12.2021.
3. He next submitted that neither prosecution, nor defence has raised any objection, but learned Additional Session Judge, Court No. 3, Jhansi has passed the impugned order dated 15.04.2023 striking of the cross examination of P.W.-1 and P.W.-3 recorded on 15.12.2021 and 03.12.2021 respectively with the observation that endorsement "Cross examination continued" appears to be fabricated and inserted at a belated stage with the collusion of both the parties including Court officials. He firmly submitted that no inquiry has ever been conducted in the matter and straightway impugned order has been passed by learned Additional Session Judge, Court No. 3, Jhansi, therefore, impugned order dated 15.04.2023 is bad and liable to be set aside. He next submitted that it is surprisingly enough that learned Additional Session Judge has not proceeded to take any action against the erring persons/officials.
4. Learned District Judge, Jhansi is directed to submit report within two weeks after obtaining comments from Sri Vikas Nagar, learned Additional Session Judge, Court No. 3, Jhansi as to whether before passing of impugned order dated 15.04.2023, any inquiry has been conducted about the matter or not?
5. Put up as fresh on 04.10.2023.
6. Till then, judgment in Session Trial No. 136 of 2013(State Vs. Arvind and others) shall not be pronounced.
7. Registrar(Compliance) is directed to send a copy of this order to District Judge, Jhansi for strict compliance within 24 hours."
4. Pursuant to the order of this Court dated 20.9.2023, Incharge District Judge, Jhansi has submitted report dated 3.10.2023 alongwith explanation of the then learned Additional District & Sessions Judge, Court No.3, Jhansi dated 30.9.2023 presently posted as learned Additional District & Sessions Judge/ Special Judge, POCSO-1, Gautam Budh Nagar. Relevant paragraph of explanation is quoted hereinbelow:-
"That, no enquiry was conducted by the Undersigned Applicant in the capacity of Presiding Officer, Additional District Judge, Court No.3, Jhansi, before passing impugned order dated 15.4.2023 passed in S.T. No.136 of 2013 in "Arvind Kushwaha vs. State of U.P. and others". This is also submitted that in opinion of the Undersigned applicant, the facts pertaining to the matter were evident on the fact of record as it is clearly stated in the impugned order. Therefore, no enquiry was conducted by the Undersigned applicant before passing order."
5. From perusal of the same, it is apparently clear that without conducting any enquiry straight away impugned order dated 15.4.2023 has been passed. It is case of tampering of order sheet by adding word 'Jirah Jaari', therefore, without obtaining report of hand writing expert, such order cannot be passed. A Judge cannot suppose to be hand writing expert. Further, in such matter, criminal proceeding should have also been initiated against the erring person, which is absolutely missing in present matter. Surprisingly, this matter has been dealt in a very casual manner and impugned order has been passed without adopting proper procedure required in such matters.
6. Therefore, under such facts and circumstances of the case, the impugned order dated 15.4.2023 is hereby quashed and application is allowed. No order as to costs.
Order Date :- 10.10.2023
Junaid
