Court No. - 78
Case :- APPLICATION U/S 482 No. - 16843 of 2020 Applicant :- Dr. Sunilpuri And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
This application u/s 482 Cr.P.C. has been moved by the applicants with the prayer to allow this application & quash the Charge Sheet No.240/2020 dated 16.07.2020 & cognizance order & entire criminal proceeding of Case No. 2208/2020 (State Vs. Akram & Others) arising out of Case Crime No- 204/2020 under Section 419, 420 of I.P.C. & 6/18/23/25 PC- PNDT, Act, Police Station-Dhaulana, District-Hapur pending in the Court of Chief Judicial Magistrate, Hapur.
Brief facts of the case is that the FIR as Case Crime No.204 of 2020 has been lodged by Dr. Sazid Khan, Medical Officer C.H.C. Dhaulana, Dhaulana, District- Hapur on 07.05.2020 at 23:14 against the applicants under the Pre-Conceptions And Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection Act, 1994).
Learned counsel for the applicants submitted that they have not committed any offence and have been falsely implicated in this case. The charge sheet has been filed on the basis of insufficient evidence. It is further submitted that court concerned has taken cognizance in printed proforma without applying his judicial mind which is against law laid down by this Court in the case of Anikt Vs. State of U.P. and another JIC 2010 (1) 432.
Learned A.G.A. has opposed the prayer and contended that in view of allegations made in F.I.R. it can not be said that no prima facie case is made out against the applicants. Learned A.G.A. further submitted that so far as illegality pointed out in cognizance order dated 25.09.2020 is concerned, necessary direction may be given to the court below.
From the perusal of the material available on record and keeping in view the facts and circumstances of the case, at this stage it cannot be said that offence leveled against the applicants are not made out.
All the submissions regarding quashing of the charge sheet and entire proceedings relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192. The disputed defence of the accused cannot be considered. There is no sufficient ground to quash the charge sheet and entire proceedings of the aforesaid case.
So far as the cognizance order dated 25.09.2020 is concerned, it is submitted that it has been passed by the filling blanks on printed proforma without applying judicial mind. In the present matter perusal of record shows that cognizance order dated 25.09.2020 has been passed on a printed proforma by filling the blanks which shows that Magistrate did not apply his judicial mind while taking cognizance and such type of cognizance order is bad-in-law in view of above observation made by this Court in the case of Ankit Vs. State of U.P. and another (supra).
The prayer for quashing the charge sheet, and entire proceedings is hereby refused and only order of the cognizance i.e. summoning order dated 25.09.2020 passed by learned Magistrate is hereby quashed.
Accordingly, the instant application u/s 482 Cr.P.C. is partly allowed.
Learned Magistrate is directed to pass a fresh cognizance order after applying judicial mind.
With the above observation, the instant application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 6.1.2021 Sachin