Court No. - 45
Case :- APPLICATION U/S 482 No. - 46710 of 2018 Applicant :- Smt. Reena Pandey Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Mohak Agarwal,Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,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 order dated 06.12.2018 passed by Additional Chief Judicial Magistrate, in Criminal Case No. 1178 of 2011, arising out of Case Crime No. 22 of 2011, under Sections- 420, 468, 471, 120-B I.P.C., Police Station- Linepar, District- Firozabad.
Facts on record show that the husband of the applicant has filed some concocted documents in proceedings under Section 125 Cr.P.C. against the applicant. The applicant has lodged the first information report against her husband and another accused. The Investigating Officer was in possession of those documents given to him by the opposite party Nos. 2 and 3.
Submission is that the first Investigating Officer, Sandesh Kumar Sharma, who relied upon fabricated documents in his investigation report, was sought to be summoned under Section 311 Cr.P.C. by the informant on the ground that the subsequent Investigating Officer, Rajveer Singh did not collected such forged documents and therefore, the earlier Investigating Officer, Sandesh Kumar Sharma, is required to be examined before the court to bring out the correct facts. The court below has rejected the application of the applicant on the ground that the applicant also sought summoning of constable, Satyapal and Rajveer and has also relied upon two cases of the Apex Court, wherein accused could not prove what prejudice was caused to him on account of non- examination of Investigating Officer by the trial court. It has been submitted that the court has not considered the facts of the case before rejecting the application. Here the prejudice has been shown by the applicant, who is inormant and not accused and cases relied upon by the trial court will not apply to her. The case of the informant would be seriously prejudiced, in case aforesaid witnesses are not summoned.
Order 06.12.2018 passed by Additional Chief Judicial Magistrate, is set aside and it is directed that the court below shall pass a fresh order after considering the prejudice caused to the applicant.
With the aforesaid observations, this application is allowed.
Order Date :- 21.12.2018 Ruchi Agrahari