Court No. - 53
Case :- APPLICATION U/S 482 No. - 27186 of 2018 Applicant :- Sameer Kumar Mishra @ Guttul Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit has been filed on behalf of opposite party no. 2 Mohd. Hashim who is the informant in the case giving rise to proceedings of Case No. 25369 of 2018 arising out of Case Crime No. 0219 of 2017, under Sections 392, 504, 506 and 411 I.P.C. Police Station Rail Bazar, District Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar.
The submission of the learned counsel for the applicant is that the opposite party no. 2 is an illiterate man and he has put his signatures on a piece of papers. He was not aware about the contents of the first information report that has been scribed on that paper signed in blank.
Sri S.K. Verma, Advocate has put in appearance and has filed a counter affidavit on behalf of opposite party no. 2, Mohd. Hasim which is taken on record.
In the counter affidavit there is a xerox copy of the Aadhar Card annexed and the Vakalatnama has been identified by one Mohd. Mobin a friend of Mohd. Hasim.
Learned counsel appearing for Mohd. Hasim submits that he was duly identified by his friend and the learned counsel is satisfied that the person filing the present counter affidavit was, in fact, Mohd. Hasim, the first informant. Sri Sarvesh, Advocate has pointed out that the FIR was lodged against two brothers and against both on them based on this unintended information a bogus charge sheet was filed by the police. The other brother and the accused in the present case has filed application under Section 482 Cr.P.C. No. 20819 of 2018, Sudhir Kumar Mishra @ Soni Mishra @ Soni Pandit vs. State of U.P. and another, where this Court acting on a similar stand on a counter affidavit filed by the second opposite party has held the proceedings to be an abuse of process of Court and quashed the same. This Court has perused the order dated 22.6.2018 passed in Application u/s 482 Cr.P.C. No. 20819 of 2018.
Looking to the stand taken in the counter affidavit filed in Court today, in the opinion of the Court, no useful purpose would be served by permitting a prosecution in face of such facts to continue. Rather, it would be an abuse of process of Court. It would be necessary to secure the ends of justice that the said proceedings be quashed.
Accordingly, this application succeeds and is allowed. Impugned charge-sheet dated 17.4.2018 giving rise to proceedings of Case No. 25369 of 2018, arising out of Case Crime No. 219 of 2017, under Sections 392, 504, 506 and 411 I.P.C., Police Station Rail Bazar, District Kanpur Nagar pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar are hereby quashed.
Order Date :- 21.8.2018 BKM/-