Court No. - 64
Case :- APPLICATION U/S 482 No. - 35559 of 2019 Applicant :- Babu Ram Sharma Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Shyam Surat Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 3.9.2019 passed by the Addl. Chief Judicial Magistrate, Court No.3, Ghaziabad in Application No. Nil of 2019, arising out of Case Crime No. 1002 of 2015, under Sections 420, 467 468 and 471 I.P.C., P.S. Sihanigate, District Ghaziabad.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It appears that on an earlier occasion the applicant had approached the High Court by filing Writ Petition No. 27291 of 2015, Baburam Sharma versus State of U.P. and others wherein the Division Bench of the Court had proceeded to pass an order dated 18.11.2015 whereby it deemed fit to stay the arrest of the petitioner till submission of the police report under Section 173(2) Cr.P.C. A perusal of the High Court's order makes it abundantly clear that the accused could not be arrested till submission of the charge sheet. After the investigation the police did not find the complicity of the accused proved and decided to submit the final report in the matter. Therefore, there was no need for the accused to surrender in the court below and obtain bail. The need to surrender in the court below would have arisen only after the charge sheet was submitted by the Investigating Officer or if the final report submitted by the I.O. was not accepted by the Magistrate and he would have thought it fit to take cognizance of the matter and would have treated the final report as charge sheet and would have proceeded in the matter against the accused as a State case. It transpires from the record that as the final report was submitted in the court though the court did not accept the final report but it did not proceed to take cognizance of the matter. Instead of doing that he directed further investigation of the case which is still going on. It is so obvious that the result of further investigation may be either way. The Investigating Officer may furnish charge sheet or may not furnish charge sheet and may repeat submission of the final report. For all practical purposes the situation has been reverted to its old position which stood at the time when the relief had been granted by the High Court. Practically there is no difference in the position of the accused or status of the case. In such circumstances, the view that has been taken by the court concerned does not appear to be sound view and is too technical view that has been adopted. It appears that the Magistrate has literally provided the meaning to the expression given by the High Court that as the arrest was stayed till the submission of the police report under Section 173(2) Cr.P.C. and, therefore, it included even the submission of the final report in this expression. In such circumstances, this Court deems it proper to quash the order as has been passed by the court below. The arrest of the petitioner shall remain in abeyance till the submission of the charge sheet in the matter. If the I.O. again submits final report, future course of action shall depend upon the view which the Magistrate would take upon that report and there is no need for this Court to enter into that aspect of the matter in that regard.
With the aforesaid observations, the application is disposed off.
Order Date :- 25.9.2019 CPP/-