Allahabad High Court
Rishi Ranjan @ Varun Thakur vs State Of U.P. And Another on 22 April, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:60760
Court No. - 74
Case :- APPLICATION U/S 528 BNSS No. - 9284 of 2025
Applicant :- Rishi Ranjan @ Varun Thakur
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anurag Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Srivastava,J.
1. Heard Sri Anurag Singh, learned counsel for applicant and learned AGA for the State.
2. Present application has been preferred with the prayer to quash the charge sheet dated 22.10.2024, order dated 07.11.2024, taking cognizance and proceeding against the applicant initiated in pursuance thereof at Criminal Case no. 5123 of 2024 (State vs. Rishi Ranjan @ Varun Thakur) Case Crime no. 0794 of 2024 under sections 318(4), 336(3), 338, 340(2) B.N.S. and Section 3 and 10 of Uttar Pradesh Sarvjanik Pariksha Adhiniyam, PS- Nandgram, District Ghaziabad, pending before learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court no. 3, Ghaziabad.
3. Brief facts of the case as narrated by learned counsel for applicant is that FIR dated 31.08.2024 has been lodged by one Jai Singh Yadav s/o Shiv Yadav against the applicant, which has been rgistered as Case Crime no. 0794 of 2024 under sections 318(4), 336(3), 338, 340(2) BNS and Section 3 and 10 of Parikshya Adhiniyam, Police Station Nandgram, District Ghaziabad alleging therein that on 31.08.2024, during second shift of Police Recruitment Examination 2023 held at Government Inter College, Nandgram, Ghaziabad an issue regarding the data of Varun Thakur was flagged by the Lucknow Control Room. Initially, a data mismatch was reported but then, it was confirmed by the Commission that the candidate's details were accurate allowing him to proceed with the examination. Following the exam, under the directions of DCP City Ghaziabad, an interrogation of the candidate was conducted in the presence of the Centre In-charge (Police), Sri Pradeep Kumar. Upon inspecting the candidate's mobile phone, it was discovered that he possessed two Aadhar cards, one in the name of Rishi Ranjan and the other in the name of Varun Thakur. Additionally, further examination of the phone revealed discrepancies in educational records, where the Secondary School Examination 2021 from Bihar School Examination Board listed the birth date as 04.03.2004, while the CBSE Secondary Certificate Examination 2012 recorded the birth date as 27.01.1996.
4. After conducting investigation, Investigating Officer submitted charge sheet on dated 22.10.2024 before court concerned whereupon learned court of Additional Civil Judge (J.D)/J.M, Court no. 3, Ghaziabad took cognizance vide impugned order dated 07.11.2024 and summoned the applicant.
5. It is contended by learned counsel for applicant that learned court concerned took cognizance in a very casual and mechanical manner. Order taking cognizance is totally cryptic and non-speaking order and the same has been passed without application of mind. Learned court concerned has neither mentioned the name of person against whom the cognizance has been taken nor the sections in which the cognizance has been taken which makes the order of cognizance dated 07.11.2024 meaningless. In support of his argument, learned counsel for applicant relied upon judgment rendered by co-ordinate Bench of this Court vide order dated 17.07.2023 passed in Application u/s 482 no. 14204 of 2023 (Matloob and 8 others vs. State of U.P. and another), relevant paragraph of the said judgment is quoted herein-below:
"10. Having considered the facts and circumstances, of the present case in the light of judgment passed by co-ordinate bench of this court, I am of the view that learned trial court has passed the cognizance/ summoning order without recording his satisfaction for issuing summons against the present applicants under the various sections of IPC. In the impugned order straightaway cognizance has been taken and summons were ordered to be issued after mentioning the details of the accused and the sections of IPC.
11. In this conspectus, as above, I found substance in the instant matter in exercise of inherent jurisdiction under section 482 Cr.P.C. and of the view that the present application is liable to be allowed and the impugned cognizance/ summoning order dated 02.02.2023 shall be quashed.
12. As such, instant application is hereby allowed. Impugned cognizance/ summoning order dated 02.02.2023 passed by Chief Judicial Magistrate, Shamli in Criminal Case No.1409 of 2023 (State Vs. Matloob and others) arising out Case Crime No.563 of 2022 under sections 406, 420, 427 IPC, P.S. Kairana, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli, is hereby quashed and parties are relegated before the trial court to re-consider the matter and pass fresh cognizance/ summoning order in light of the dictum of Hon'ble Supreme Court, as discussed above, within a period of one month from the date of production of certified copy of this order which shall be filed by the present applicants within 15 days from today.
13. Let copy of the order be transmitted to the concerned lower court for necessary action."
6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts.
7. After having the rival submissions extended by learned counsels for the parties and perusing the cognizance order dated 07.11.2024, this Court is of the opinion that the present case is squarely covered with the judgment rendered by co-ordinate Bench of this Court in Matloob and 8 others (supra) and as such, instant application is allowed and impugned cognizance order dated 07.11.2024 passed by learned Additional Civil Judge (J.D)/J.M, Court no. 3, Ghaziabad in Criminal Case no. 5123 of 2024 (State vs. Rishi Ranjan @ Varun Thakur) Case Crime no. 0794 of 2024 under sections 318(4), 336(3), 338, 340(2) B.N.S. and Section 3 and 10 of Uttar Pradesh Sarvjanik Pariksha Adhiniyam, PS- Nandgram, District Ghaziabad, is hereby quashed and parties are relegated before the trial court to re-consider the matter and pass fresh cognizance/summoning order in light of the dictum of Hon'ble Supreme Court, as discussed in judgment of Matloob and 8 others (supra), within a period of one month from the date of production of certified copy of this order which shall be filed by the present applicant within 15 days from today.
8. Let copy of the order be transmitted to the concerned trial court for necessary action.
Order Date :- 22.4.2025
Shaswat
