Court No. - 24
Case :- APPLICATION U/S 482 No. - 2647 of 2019 Applicant :- Anees And 07 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohammad Mustafa,Afshan Shafaut Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing of the order dated 11.09.2018 as well as criminal proceedings of Misc. Criminal Case No. 452 of 2018 (Tasreefunnisha Vs. Anees and others) under section 156(3) Cr.P.C., P.S. Mishrollia, District Siddharth Nagar, pending before Chief Judicial Magistrate, Siddharth Nagar.
Learned counsel for the applicants submits that the application under section 156(3) of the Code of Criminal Procedure has been moved against the officers of the police station Mishrollia, District Siddharth Nagar before the Chief Judicial Magistrate, Siddharth Nagar. The enmity between the applicants and the husband of opposite party no.2 is admitted because the proceedings of civil case is pending before the Commissioner Basti Division, Basti and in that case interim order 6.8.2018 is operative. It is further submitted that despite the interim order the husband of opposite party no.2 has been raising construction over the disputed land, therefore, applicant no.1 lodged FIR against the husband of opposite party no.2 on 3.6.2018. After investigation charge-sheet has been submitted against husband of opposite party no.2. In counterblast to the FIR lodged by applicant no.1, the opposite party no.2 has moved a complaint on 6.9.2018 and without considering the version of the applicants order dated 11.09.2018 has been passed directing the police to register a case and investigate the matter. It is further submitted that the police of P.S. Mishrollia are hand in gloves with the husband of opposite party no.2, therefore, in the application moved by the applicants under section 156(3) Cr.P.C. and in the F.I.R. dated 3.6.2018 lodged by applicant no.1 against husband of opposite party no.2 nothing has been done and the applicants are being harassed by the police of P.S. Mishroollia in collusion with the husband of opposite party no.2, therefore, the applicants have no faith on the police of P.S. Mishrollia for proper adjudication of the case.
Learned Additional Government Advocate appearing on behalf of the State-respondent submits that the allegations are against the police personnel of the police station concerned, therefore, the order dated 11.09.2018 passed by the court below directing the S.H.O. of P.S. Mishrollia to investigate the matter is bad in law, which deserves to be set aside.
I have heard learned counsel for the parties and perused the impugned order.
From the perusal of the entire paper book and the impugned order dated 11.09.2018 passed by Chief Judicial Magistrate, Siddharth Nagar, this Court finds that when the allegations are against the police personnel of P.S. Mishrollia, hence the contention of the applicants that they have no faith about the investigation made by the police of P.S. Mishrollia have substance and deserves acceptance.
Accordingly, the application is allowed. The order dated 11.09.2018 passed by Chief Judicial Magistrate, Siddharth Nagar in Criminal Case No. 452 of 2018 (Tasreefunnisha Vs. Anees and others), under section 156(3) Cr.P.C. is set aside. The court below is directed to pass afresh order after considering the plea of the applicants raised in the application moved on behalf of the applicants U/s 156(3) Cr.P.C. and also considering the FIR dated 03.06.2018 lodged against the husband of opposite party no.2.
Order Date :- 22.1.2019 Prajapati [Chandra Dhari Singh, J]