Court No. - 73
Case :- APPLICATION U/S 482 No. - 6294 of 2019 Applicant :- Mohd. Nurul Huda Opposite Party :- State Of U.P. And 4 Other Counsel for Applicant :- Sami Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today, be taken on record.
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 impugned order dated 16.10.2018 passed by Civil Judge (CD) Fast Track/ A.C.J.M., Gorakhpur in Case No. 1207 of 2008, arising out of NCR No. 221 of 2007, under sections 323, 504, 506 I.P.C., P.S. Sahjanwa, District Gorakhpur.
Learned counsel for the applicant submits that Civil Judge (CD) Fast Track/ A.C.J.M., Gorakhpur has rejected the application of the applicant filed under section 319 Cr.P.C. for summoning the investigating officer, namely, Mahendra Pratap Singh vide order dated 16.10.2018 only on the ground that earlier he has moved application for summoning the investigating officer, Mahendra Pratap Singh along with Dr. Ratan Lal, which was ultimately rejected by the court below vide order dated 21.9.2017. He further submits that against rejection of said application, he has filed Criminal Revision No. 288 of 2017, which was also rejected by the revisional court vide order dated 4.5.2018. Thereafter, applicant had approached this Court by filing Under Article 227 No. 4181 of 2018 and the Court vide order dated 22.6.2018 has directed the learned Magistrate to summon the doctor only.
He further submits that order of both the courts below are factually incorrect as he has never filed application for summoning Mahendra Pratap Singh under section 319 Cr.P.C. and this fact may be verified from the application dated 21.9.2017 under section 319 Cr.P.C., which is filed along with supplementary affidavit today. He further submits that name of investigating officer, Mahendra Pratap Singh is also find place at serial no. 5 as witness in charge sheet, therefore, in the interest of justice, evidence of Mahendra Pratap Singh is necessary, which was denied by impugned order dated 16.10.2018 passed by Civil Judge (CD) Fast Track/ A.C.J.M., Gorakhpur, which is liable to be set aside.
I have carefully perused the application dated 21.9.2017 annexed along with supplementary affidavit and by perusal of the same, it is clear that this application was only for summoning Dr. Ratan Lal, which was rejected by the court below on the same day i.e. 21.9.2017 and by revisional court vide order dated 4.5.2018. This Court in Under Article 227 No. 4181 of 2018 has directed learned Magistrate for summoning Dr. Ratan Lal only as witness vide order dated 22.6.2018, therefore, impugned order dated 16.10.2018 passed by Civil Judge (CD) Fast Track/ A.C.J.M., Gorakhpur is bad on the facts and is liable to be set aside.
Name of Mahendra Pratap Singh, investigating officer has also find place at serial no. 5 as witness in charge sheet and his evidence is relevant for proper adjudication of case, therefore, under such facts and circumstances of the case, impugned order dated 16.10.2018 passed by Civil Judge (CD) Fast Track/ A.C.J.M., Gorakhpur is quashed and the application is allowed.
Civil Judge (CD) Fast Track/ A.C.J.M., Gorakhpur is directed to summon Mahendra Pratap Singh, investigating officer for witness and complete his evidence within one month from from the date of production of certified copy of the order.
Order Date :- 22.2.2019 Arvind