Court No. - 81
Case :- APPLICATION U/S 482 No. - 14438 of 2021 Applicant :- Ram Prakash Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Rao,Indra Jit Singh Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri O.P. Singh, learned senior counsel assisted by Sri Sushil Kumar Rao, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicant with a prayer to quash the charge sheet No.372 of 2019 dated 18.7.2019 in Criminal Case No.26550 of 2019 State vs. Ram Prakash Tripathi, arising out of Case Crime No.0691 of 2018 under Sections 504, 506 IPC P.S. Kalyanpur District Kanpur Nagar and to quash the cognizance order dated 19.8.2019 passed by Additional Chief Metropolitan Magistrate, Court No.2, Kanpur Nagar in the aforesaid case.
Learned counsel for the applicant submits that the applicant has 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 cognizance order dated 19.8.2019 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 applicant 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 19.8.2019 passed by Additional Chief Metropolitan Magistrate, Court No.2, Kanpur Nagar in Criminal Case No.26550 of 2019 State vs. Ram Prakash Tripathi, arising out of Case Crime No.0691 of 2018 under Sections 504, 506 IPC P.S. Kalyanpur District Kanpur Nagar 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 applicant 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 :- 17.9.2021 SP