Allahabad High Court
Chandra Pal Singh And Others vs State Of U.P. Thru. Its Addl. Chief ... on 27 September, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:62676
Court No. - 28
Case :- APPLICATION U/S 482 No. - 9422 of 2023
Applicant :- Chandra Pal Singh And Others
Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Lko. And Another
Counsel for Applicant :- Dwijendra Mishra,Rajneesh Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Supplementary Affidavit filed on behalf of the applicants is taken on record.
Heard leaned counsel for the applicants, Sri Girijesh Kumar Dwivedi, 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 impugned Chargesheet dated 31-01-2023 and the summoning order dated 08-08-2023 and the NBW order dated 06-09-2023 and the summon dated 22-08-2023 and all other consequential orders passed in Sessions Trial No. 272 of 2023,Case Crime No. 12/2023, under sections 354,354 Kha, 323,504,506 of I.P.C. and Section 3(1) Da, Dha, 3(2) Va, 3(1) W(i) of SC/ST Act, Police Station-Sadarpur, District-Sitapur passed by the Special Judge, S.C./ST(PA),Sitapur.
Learned counsel appearing for the applicants submits that the first information report was lodged against the applicants narrating therein the false and concocted story. He next added and has drawn attention towards the letter of one Kalpana Yadav, Sub. Inspector, posted at police station-Sadarpur, District-Sitapur, written to the Special Judge, S.C./S.T. Act that the story is baseless and false.
Adding his arguments, he submits that the Investigating Officer, without collecting the material evidence, has filed the Chargesheet as is evident that the applicant no. 3, who is minor, the chargesheet has also been filed against him, treating him to be major. He also added that the summoning, which is under challenge in this application, suffers from erroneousness for the aforesaid reason and therefore, the criminal proceedings against the present applicants may be quashed.
On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the present applicants for committing offence and thus, submission is that they are not entitled for any relief. He further added that from perusal of the the summoning order itself, it is evident that the summon has not been issued against the applicant no. 3 and therefore, the question does not arise that the summoning order is erroneous.
Having heard learned counsel for the parties and after perusal of material placed on record, it transpires that the first information report was lodged against the present applicants and thereafter, the investigation was done and the chargesheet was filed against all the applicants, whereas the summoning order has been issued against the applicant nos. 1 & 2.
Since, the learned trial court was conscious enough regarding the fact that the applicant no. 3 was minor at the time of the incident, there seems to be no erroneousness in the summoning order passed by the learned trial court. Thus, the instant application is hereby disposed of with liberty to the applicants to appear before the trial court concerned.
So far as the applicant no. 3 is concerned, he being a minor, may move an application before the trial court so as to make separate his trial if infact, he is minor, as per his documents.
Till such application of the applicant no. 3 is decided, no further criminal proceedings shall go on against him.
At this stage, learned counsel for the applicants submits he seeks liberty to file bail application on behalf of applicant nos. 1 & 2 before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant nos. 1 & 2 appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
Order Date :- 27.9.2023
AKS
