An application under Section 482 CrPC sought quashing of charges due to alleged identity confusion of multiple persons named 'Ajay'. The court directed lower courts to determine the accused's identity before proceeding with the trial.
Directed lower courts to determine the identity of the accused within two months before proceeding with the trial.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 22170 of 2018
Applicant :- Ajay Thakur Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed to quash the order dated 7.4.2018 passed by learned Additional Sessions Judge, Court No.8/Special Judge, POCSO Act, Bulandshahr in Special Case No. 1385 of 2016 (State Vs. Ajay), in Case Crime No. 411 of 2016, under Sections 363, 366, 376, IPC and 4 POCSO Act, Police Station Jahangirabad, District Bulandshahr, by which the charges has been framed against the applicant.
The solitary ground of objection raised by applicant appears to that he is not an accused named in the FIR and that the real accused is Ajay Thakur Singh son of Nandlal Thakur while the applicant Ajay Thakur son of Narendra Pal Singh and that the applicant is not known by any other name. It has further been stated that the applicant has been enlarged on bail by this Court.
Upon instructions being called by learned A.G.A. that have been placed on record, wherein it has been stated that in the inquiry made by the police from the village pradhan as also some unnamed village resident, it has been disclosed to the police that the applicant is the real accused and that he has, therefore, been rightly charged.
Learned counsel for the applicant vehemently dispute the correctness of the instructions so placed by learned A.G.A. In paragraph 11 of the affidavit in support of the present application, it has been stated thus:-
" That there several person name of Ajay are living in village-Khetalpur, Bhasauli,
(iii) Ajay son of Chandra Pal Voter ID no. 269
(iv) Ajay son of Vijay Pal Voter ID no. 585
According to the applicant, there are six residents in the same village by the name Ajay and none is related to the other.
However, it is also clear that the applicant has failed to file discharge application on the ground being now taken by him. Clearly, if the applicant had claimed discharge on the ground being now pressed, it
would have been open to the learned trial court to first consider whether the applicant is the person who had committed the offence. In any case, the issue being raised such as this goes to the root of the matter and it further appears that identification parade appears to have been carried out.
Considering the above fact, the present application is disposed of with a direction that before proceeding with trial any further, the learned court below may first determine whether the application is actually the person who has been accused.
The aforesaid exercise may be completed expeditiously preferably within a period of two months from the date of the production of a certified copy of this order and the further trial may proceed thereafter.
The applicant further undertakes to cooperate in the proceedings and to not seek any undue or long adjournment in this regard.
Order Date :- 25.7.2018 Mini
2 issues framed by the court
Whether the applicant is the correct person accused in the FIR and implicated in the charges.
Whether the identity of the accused needs to be determined before proceeding with the trial.
3 provisions across 3 enactments
Ajay Thakur
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
