Allahabad High Court
Shabbir Qureshi And 10 Others vs State Of U.P. And Another on 1 August, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2024:AHC:123444
Reserved on 30.07.2024
Delivered on 01.08.2024
Court No. - 74
1. Case :- APPLICATION U/S 482 No. - 33040 of 2018
Applicant :- Shabbir Qureshi And 10 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi
Counsel for Opposite Party :- G.A.
2. Case :- APPLICATION U/S 482 No. - 21831 of 2018
Applicant :- Shabnam Qurreshi And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi
Counsel for Opposite Party :- G.A.
3. Case :- APPLICATION U/S 482 No. - 5571 of 2020
Applicant :- Rashid
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Indra Deo Mishra,Shri Ram (Rawat),Umesh Nandini Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. In Applications under Section 482 Cr.P.C. No. 33040 of 2018 and 21831 of 2018 applicants have challenged charge sheet No. 212 of 2017 dated 21.11.2017 as well as cognizance order dated 04.01.2018 passed by Additional Chief Judicial Magistrate, Court No. 1, Mathura and entire proceedings of Criminal Case No. 16 of 2018 (State vs. Shabbir Qureshi and others), under Sections 147, 148, 149, 307, 153A, 186, 332, 336, 353, 323, 34 IPC and 7 Criminal Law Amendment Act, Police Station Sadar Bazar, District Mathura, arising out of Case Crime No. 465 of 2017.
2. In Application under Section 482 Cr.P.C. No. 5571 of 2020, applicant has challenged charge sheet dated 28.08.2018 and entire criminal proceedings in Criminal Case No. 16 of 2018, arising out of Case Crime No. 465 of 2017, under Sections 147, 148, 149, 307, 153A, 186, 332, 336, 353, 323, 34 IPC and 31(A) Criminal Law Amendment Act, Police Station Sadar Bazar, District Mathura.
3. This Court has passed following interim orders dated 28.09.2018, 31.07.2018 and 07.02.2020 respectively in above captioned applications:
Order dated 28.09.2018 passed in Appl. U/S 482 No. 33040 of 2018
"1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 212 of 2017 dated 21.11.2017 as well as cognizance order dated 04.01.2018 and the entire proceedings of Case No. 16 of 2018 (State Vs. Shabbir Qurreshi and others), arising out of Case Crime No. 465 of 2017, under Sections-147, 148, 149, 307, 153A, 186, 332, 336, 353, 323, 34 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Sadar Bazar, District- Mathura, pending in the court of Addl. Chief Judicial Magistrate, Court No.1, Mathura.
3. Learned counsel for the applicants submits that in the case of co-accused an application u/s 482 Cr.P.C. No. 21831 of 2018 has already been entertain by this Court and an interim protection has been granted therein.
4. As to the ground of non existence of sanction, it is stated that while counter affidavit has been received in the aforesaid 482 Cr.P.C. application, however, it is not denied that no sanction existed on the date of cognizance being taken.
5. In such view matter requires consideration.
6. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
7. Issue notice to opposite party no. 2, returnable at an early date.
8. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
9. Connect and list alongwith application u/s 482 Cr.P.C. No. 21831 of 2018 thereafter.
10. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants."
Order dated 31.07.2018 passed in Appl. U/S 482 No. 21831 of 2018
"Heard learned counsel for the applicants and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 212 of 2017 dated 21.11.2017 as well as cognizance order dated 4.1.2018 as well as entire proceeding of Criminal Case No. 16 of 2018 (State Vs. Shabbir Qurreshi and others), arising out of Case Crime No. 465 of 2017, under Sections 147, 148, 149, 307, 153A, 186, 332, 336, 353, 323, 34 IPC and 7 Criminal Law Amendment Act, Police Station Sadar Bazar, District Mathura, pending in the Court of Addl. Chief Judicial Magistrate, Court No.1, Mathura.
Despite time granted earlier, no instructions has been received by learned A.G.A as to the prior sanction for initiating the prosecution for offence alleged under Section 153A IPC. In paragraphs 16 and 17 of the affidavit in support of the present application specific pleading has been made that no such sanction has been obtained.
Matter 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 six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceeding in the aforesaid case against the applicants shall remain stayed."
Order dated 07.02.2020 passed in Appl. U/S 482 No. 5571 of 2020
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.8.2018 as well as entire proceedings of Case No. 16 of 2018 arising out of Case Crime No. 465 of 2017, under Sections 147, 148, 149, 307, 153A, 186, 332, 336, 353, 323/34 I.P.C. and Section 31(A) Criminal Law Amendment Act, Police Station- Sadar Bazar, District- Mathura, pending in the court of Addl. Chief Judicial Magistrate, Court No.1, Mathura.
Matter 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.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
Connect and list alongwith application u/s 482 Cr.P.C. No. 33040 of 2018 on 30.03.2020.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant only."
4. Sri A.K. Mishra, learned counsel for applicants has raised sole argument that all applicants are summoned under Section 153A IPC also but in entire charge sheet there is no document that there was a previous sanction of Central Government or State Government, as required under Section 196 Cr.P.C.
5. Learned AGA appearing for State has referred counter affidavits, however, there is no reply to above noted argument which was specifically mentioned in interim orders, as referred above.
6. In aforesaid circumstances, I find merit in argument of learned counsel for applicants only to the extent that no cognizance can be taken for offence under Section 153A IPC since there was no prior sanction as required under Section 196 Cr.P.C. However, there is no illegality in taking cognizance with regard to remaining offences. Court also takes note of a judgment passed by Supreme Court in Manoj Rai & Ors. vs State Of M.P., 1999(1) SCC 728 as well as a judgment dated 26.08.2021 passed by this Court in Dr. Kafeel @ Dr. Kafeel Ahmad Khan vs. State of U.P. and another (Application U/S 482 No. - 8735 of 2021).
7. In aforesaid circumstances, impugned charge sheets as well as cognizance order with regard to offence under Section 153A IPC qua to applicants, are hereby quashed. However, Trial Court shall proceed with regard to other offences and for that applicants are directed to appear before Trial Court concerned. In case applicants appear before Trial Court concerned within three weeks from today and file bail applications, Trial Court concerned shall consider and decide the same in accordance with law, expeditiously, preferably on same day, subject to cause list of concerned Court.
8. With aforesaid observations/ directions, all applications are disposed of.
9. Registrar (Compliance) to take steps.
Order Date :- 01.08.2024
AK
