Court No. - 85
Case :- APPLICATION U/S 482 No. - 26605 of 2021 Applicant :- Sonu @ Santosh Kumar Tiwari And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Maurya,Sanjay Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the charge-sheet No. 56 of 2015 dated 7.8.2015 as well as cognizance order dated 7.8.2015 passed by Judicial Magistrate-I, Jaunpur and entire proceeding of Case No. 864 of 2020 (State Vs. B.L. Verma @ Bajarangi Lal Verma) arising out of Case Crime No. 0194 of 2015, under section 147, 332, 353, 297 IPC and Section 7 C.L.A. Act, P.S. Sujanganj, District Jaunpur pending before learned Judicial Magistrate-I, Jaunpur.
Learned counsel for the applicants contended that applicant no. 4 is a press reporter who has gone to the place of occurrence for covering the incident. He has no role in the alleged occurrence. Learned counsel further contended that applicant no. 3 is a handicapped man with 40% disability and not named in the FIR but due to ulterior motive his name has been implicated by the I.O. Learned counsel also contended that other applicants are also not named in the FIR and have been implicated during investigation. They all are innocent and have been falsely implicated. The court below without examining the statements as well as other material and evidence took cognizance against the applicants which is illegal and arbitrary. It is further contended that no proper investigation has been carried out.
Learned A.G.A. contended that although applicants are not named in the FIR but during investigation specific roles of the applicants have come in light. On the basis of investigation charge-sheet has been submitted. Learned Magistrate being satisfied with the material on record has taken cognizance. Hence, there is no sufficient grounds to quash the summoning order or proceedings.
There are allegations in the FIR which prima facie discloses a cognizable offence. The name of the applicants have come during investigation. The I.O. has collected the evidence and on the basis of it charge-sheet has been submitted. Learned Magistrate on the basis of material available on the case diary has taken cognizance. There is no ground at this stage to presume that the FIR is an abuse of process of law and continuation of proceedings will be an abuse of process of the Court. Therefore, there is no sufficient ground to quash either summoning order or the consequential proceedings. Hence, the application lacks merit and is liable to be dismissed.
Accordingly, the application U/s 482 Cr.P.C. is dismissed.
However, it is directed that if the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 20.12.2021 Masarrat