Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed with the prayer to quash the charge sheet No.1 of 2018 dated 01.05.2018 of Criminal Case No.2617 of 2020 arising out of Case Crime No.39 of 2015, under Sections 147, 323, 504, 506 I.P.C., Police Station Wazirganj, District Lucknow as well as summoning order dated 17.01.2020 passed by learned Special A.C.J.M. C.B.I., (Ayodhya Prakaran), Lucknow in Criminal Case No.2617 of 2020, along with the further prayer to stay the further proceedings of the aforesaid case.
Learned counsel for the applicant has submitted that the informant is the brother-in-law (jeth) of the applicant Nos.1 & 2 (who are real sisters) and applicant Nos.3 to 5 are the brothers of applicant Nos.1 & 2 and only with the intention of oust applicant Nos.1 & 2 from their in-laws' house, criminal proceedings are initiated against them and their brothers. He further submitted that the F.I.R. in question was lodged under the order of Magistrate under Section 156 (3) Cr.P.C. He further submitted that in the statement of informant recorded under Section 161 Cr.P.C., he has categorically stated that on the date of incident i.e. on 18.12.2013, the applicants started skirmish with the mother and wife of the informant. He further submitted that mother of the informant is also the mother-in-law of the applicant Nos.1 & 2 and she died on 16.12.2013 as stated in the F.I.R.
Learned counsel for the applicant has further submitted that after detailed investigation, final report was submitted by the Investigating Officer before the court below on 17.03.2015. Thereafter, protest petition was filed by the informant which was allowed and the Investigating Officer is directed to do further investigation in the case, but in the most mechanical manner, charge sheet was filed by the Investigating Officer under the garb of further investigation. He further submitted that only with the intention to make pressure on the applicants, the criminal proceedings have been initiated. Therefore, kind indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer of the applicants and submitted that after detailed investigation, charge sheet was filed by the Investigating Officer, but she does not dispute this fact that initially final report was prepared by the Investigating Officer and submitted to the court below and under order of court below, further investigation was conducted.
Considering the arguments of learned counsel for the applicant as well as learned A.G.A and going through the contents of the F.I.R. and other relevant documents annexed with the application, it is evident that the applicants are the widow and brother of the opposite party No.2 and initially, after lodging of the F.I.R., investigation was done and final report was prepared by the Investigating Officer and thereafter, protest petition was filed by the informant which was allowed and the court below has passed order for further investigation of the case and later on, charge sheet was filed by the Investigating Officer. It is also evident that in the statement of informant, it is stated that on 18.12.2013, skirmish was taken place in between the applicants and mother of the opposite party No.2 but the mother-in-law of the applicant Nos.1 & 2 already died on 16.12.2013. Therefore, the matter requires consideration.
Issue notice to the opposite party No.2 returnable at an early date.
Steps be taken within ten days.
List after service.
Till further order, operation of charge sheet and consequential orders of charge sheet shall remain stayed.
Order Date :- 28.10.2021 S. Shivhare