Court No. - 45
Case :- APPLICATION U/S 482 No. - 35823 of 2018 Applicant :- Ram Kewal Prasad (Chaurasiya) Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajrshi Gupta,Dileep Kumar Counsel for Opposite Party :- G.A.,Amar Nath Singh
Hon'ble Siddharth,J.
Counter affidavit has been filed by Sri S.K. Chaubey and A.N. Singh, Advocates on behalf of the complainant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri S.K. Chaubey, learned counsel for the complainant.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 08.7.2018 as well as the entire proceedings of Criminal Case No. 4333 of 2018 (State Vs. Ram Kewal Prasad and others), arising out of Case Crime No. 103 of 2018, under Sections- 419, 420, 409 I.P.C., Police Station- Kotwali Mau, District- Mau, pending in the court of C.J.M., Mau.
In the present case, charge-sheet filed against the applicant after investigation of allegations made in the first information report dated 14.3.2018, which has been challenged. A perusal of the first information report shows that a general complaint was registered against the applicant by number of contractors of the Public Works Department alleging offences against him in certain transactions between the applicant and the contractors. The Investigating Officer has investigated only one of the allegations regarding a Firm, M/s Rana Pratap Singh, and other allegations have not been investigated by the Investigating Officer. It appears from the material on record that the Investigating Officer has only partly investigated the offence alleged against the applicant in the first information report. The grievances of the other complainants mentioned in the FIR have not been investigated by the Investigation Officer regarding allegations made against the applicant.
It has been held by the Apex Court in paragraph No. 48 of the judgement in the case of Vinay Tyagi Vs. Irshad Ali @ Deepak and others, (2013) 5 SCC 762, which is as follows:-
"48. What ultimately is the aim or significance of the expression 'fair and proper investigation' in criminal jurisprudence? It has a twin purpose. Firstly, the investigation must be unbiased, honest, just and in accordance with law. Secondly, the entire emphasis on a fair investigation has to be to bring out the truth of the case before the court of competent jurisdiction. Once these twin paradigms of fair investigation are satisfied, there will be the least requirement for the court of law to interfere with the investigation, much less quash the same, or transfer it to another agency. Bringing out the truth by fair and investigative means in accordance with law would essentially repel the very basis of an unfair, tainted investigation or cases of false implication. Thus, it is inevitable for a court of law to pass a specific order as to the fate of the investigation, which in its opinion is unfair, tainted and in violation of the settled principles of investigative canons."
Matter requires consideration.
Till the supplementary report, after fair investigation of allegations made against the applicant, submitted by the Investigation Officer within the meaning of under Section 173 of Cr.P.C., no coercive action shall be taken against the applicant.
List this application after two months on 07.01.2019. Order Date :- 31.10.2018 Ruchi Agrahari