Court No. - 81
Case :- APPLICATION U/S 482 No. - 16887 of 2021 Applicant :- Har Prasad @ Hariprasad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Atul Kumar Singh, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicants with a prayer to quash the entire criminal case No.122 of 2021 (State vs Har Prasad and others), arising out of charge sheet No.28/2020 dated 28.2.2020 and in case crime no.15/2020 under Section 452, 323, 504, 506 IPC P.S. Gangiri District Aligarh, pending in the court of ACJM, Court No.7, Aligarh, in which the learned Magistrate, Aligarh has taken cognizance against the applicants on 25.1.2021.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case only with ulterior motives and malafide intention. He further submits that charge sheet was filed by the Investigating Officer in a mechanical manner without considering the evidence on record and thereafter, the learned Magistrate without application of mind and in a routine manner took cognizance and passed the cognizance order on printed proforma by filling the blanks of Sections of I.P.C. and Police Station etc. He further argued that the order of cognizance dated 25.1.2021 passed by learned Magistrate is abuse of process of law and the same is liable to be quashed in view of the several orders passed by this Court and the latest order passed by this Court on 9.8.2021 in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;) and the present case may also be decided on the same terms and conditions.
Per contra, learned A.G.A. opposed the argument made by learned counsel for the applicants but does not dispute this fact that the present case may also be decided in terms of the order passed by this Court dated 9.8.2021 in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;).
In view of the submission made by learned counsel for the parties and after perusal of record, this application is being finally allowed in terms of order dated 9.8.2021 passed in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;).
Accordingly, present Criminal Misc. Application U/S 482 Cr.P.C succeeds and is allowed. The impugned cognizance order dated 25.1.2021 passed by Additional Chief Judicial Magistrate, Court No.7, Aligarh in Case No.122 of 2021, arising out of case crime no.15/2020 under Section 452, 323, 504, 506 IPC P.S. Gangiri District Aligarh, pending in the court of ACJM, Court No.7, Aligarh is hereby quashed. The matter is remitted back to the Magistrate concerned with a direction to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law keeping in view the observations made by this Court as well as the direction contained in the judgments and order referred to above within a period of two months from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2021 SP