Court No. - 70
Case :- APPLICATION U/S 482 No. - 6672 of 2019 Applicant :- Sant Ram And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Sumer Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet No. 01 dated 18.05.2018 arising out of Case Crime No.0009 of 2018, cognizance order dated 24.10.2018 as well as proceedings of Case No.153 of 2018 (State vs. Basant Kumar Dwivedi and others), under sections 147, 148, 149, 352, 427, 506 I.P.C & 3(1)g SC/ST Act, Police Station Maudaha, District Hamirpur, pending in the court of IInd A.S.J/Special Judge SC/ST Act, Hamirpur.
It is submitted by the learned counsel for the applicants that:-
(i) Applicants that applicants have been falsely implicated in the case on account of civil litigation between the parties concerned. It is submitted that on 24.03.2015, father of the applicant no.1 filed a Civil Suit No.48 of 2015 in the Court of Civil Judge (Junior Division) Maudaha, District Hamirpur against the opposite party no.2 and others in respect of land in dispute. The said civil suit is still pending before the civil court and the opposite party no.2 is defendant no.2 in the civil suit.
(ii) On 28.08.2015, father of the applicant no.1 lodged FIR as Case Crime No.1098 of 2015, under sections 467, 468, 419, 420 I.P.C against the opposite party no.2 and his other family members, copy of the said FIR appended as Annexure 7 to the application.
(iii) On 13.04.2016 applicant no.1 himself lodged FIR against the opposite party no.2 and his family members registered as Case Crime No.153 of 2018, under sections 147, 504, 506, 427 I.P.C and 3(1)(10) of SC/ST Act, copy of said FIR dated 13.04.2016 is appended as Annexure No.9 to the application.
(iv) It is also submitted that both the parties belongs to scheduled caste category, therefore, no prima-facie offence under SC/ST Act against the applicants are made out.
(v) It is further submitted that in this case no one has received any injury. It has also pointed out that on the land in question, name of applicant no.1 and his brother Pankaj Kumar has been mutated by order dated 24.01.2019 of the tehsildar, appended as Annexure No.1 to the supplementary affidavit.
(vi) Under the aforesaid facts and circumstances of the case lodging of impugned FIR dated 11.01.2018 and submission of chargesheet dated 18.05.2018 and initiation of criminal proceeding pursuant thereto is abuse of the process of the court and is liable to be quashed by this Court.
Per contra, learned AGA for the State submitted that considering the material evidences and allegations against the applicants on record, as on date, as per prosecution case, the cognizable offence against the applicants is made out, therefore, application is liable to be dismissed.
The matter requires consideration.
Learned Government Advocate has accepted notice on behalf of the State/opposite party no.1.
Let a notice be issued to opposite party no. 2.
All the opposite parties may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed by the applicant within two weeks thereafter.
List this case after expiry of six weeks before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicants in Case No.153 of 2018 (State vs. Basant Kumar Dwivedi and others), under sections 147, 148, 149, 352, 427, 506 I.P.C & 3(1)g SC/ST Act, Police Station Maudaha, District Hamirpur, pending in the court of IInd A.S.J/Special Judge SC/ST Act, Hamirpur with the condition as law laid down by Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation decided on 28.03.2018, which reads as under :-
"Situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy was required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings were held up. At times, proceedings were adjourned sine die on account of stay. Even after stay was vacated, intimation was not received and proceedings were not taken up. It was directed that in all pending cases where stay against proceedings of civil or criminal trial was operating, the same would come to end on expiry of six months from today unless in exceptional case by speaking order such stay was extended. In cases where stay was granted in future, same would end on expiry of six months from date of such order unless similar extension was granted by speaking order."
It is made clear that in the event if the pleadings are not exchanged because of any non cooperation of any of the contesting parties in not filing their counter version, the court would be free to pass a suitable order at the end of above mentioned upper limit of six months.
Order Date :- 26.2.2019 SKD