Court No. - 49
Case :- APPLICATION U/S 482 No. - 19198 of 2018 Applicant :- Mohammad Tariq @ Shera Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anuruddh Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.11.2010, cognizance order dated 23.12.2010 as well as the entire proceedings of Criminal Case No. 11063 of 2010 (State Vs. Mehandi and others), arising out of Case Crime No. 1582 of 2010, under Sections- 147, 148, 323, 504, 506, 332, 353, 436 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Kotwali, District- Jaunpur, pending in the court of C.J.M., Jaunpur.
Learned counsel for the applicant submits that the applicant is being wrongly prosecuted inasmuch as the applicant is known by only one name Mohd. Tariq S/o Fateh Mohd while the accused is Shera S/o Madan. It is then submitted that during the course of the investigation, statement of Shera had been recorded which is not the statement of the applicant but some other person. Also, the applicant was neither present at the time of the incident nor he was involved in the investigation owing to the fact that he was not the person named in the aforesaid case.
However, at present summons appear to have been issued against the applicant upon some misinformation or wrong information furnished by the opposite party no. 2.
No useful purpose would be served in keeping the present application pending any further. In peculiar facts and circumstances of the case, it is left open to the applicant to make an application through counsel within a period of two weeks' from today along with a certified copy of this order annexing thereto his identity papers.
Upon such an application being filed by the applicant supported by his personal affidavit, the learned Court below shall then first examine whether the applicant is the person accused in the case pending before it. It shall pass a reasoned order in that regard accepting or rejecting the plea raised by the applicant.
For a period of two months or till disposal of the application to be filed by the applicant, which ever is earlier, no coercive measure shall be taken against the applicant. However, it is made clear that to establish the identity of the applicant, the learned Court below may require the applicant to be present in the proceedings. The applicant shall fully cooperate in the proceedings.
The present application is disposed of with the aforesaid observation.
Order Date :- 29.5.2018 A. Singh