Court disposed of application under Section 482 Cr.P.C. challenging cognizance taken without examining evidence. Directed charging court to take cognizance afresh after perusing papers and witness statements.
Directed lower court to pass order of taking cognizance afresh after perusing papers and witness statements.
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Court No. - 3
Case :- APPLICATION U/S 482 No. - 18089 of 2020
Applicant :- Rameshwar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceeding of S.T No. 622 of 2020 (State Vs. Rameshwar and others) arising out of Case Crime No. 75 of 2020, under Sections 323, 504 and 506 I.P.C and Section 3(1) (X) S.C & S.T Act, 2015, Police Station Barsana, District Mathura pending in the Court of Special Judge (SC/ST Act) as well as the charge-sheet dated 25.03.2020 and also he further prayed to stay the further proceeding pending before the court concerned.
The learned counsel for the applicants contends that he is pressing his prayer only to the extent of taking cognizance by the court concerned on the charge-sheet issuing process against the applicants-accused and submitted that learned lower court did not applied judicial mind while taking cognizance on the charge-sheet.
Learned A.G.A vehemently opposed the prayer.
From the perusal of the papers on record, it is found that in case crime no. 75 of 2020 under Sections 323, 504, 506 I.P.C. and under Section 3(1)(X) SC/ST Act, P.S Barsana, District Mathura, the Investigating Officer has filed charge sheet which is Annexure-6 of the affidavit. Annexure-7 of the affidavit is the copy of order sheet which transpires that on 23.06.2020, the learned lower court took cognizance on the charge sheet stating that cognizance was taken, the case was registered and summons were issued to the accused persons. This order transpires the non application of judicial mind by the court concerned. By taking cognizance the court concerned did not take the pain even to peruse the papers filed along-with the charge sheet, whether prima-facie case was made out or not to take cognizance on the charge sheet against the applicantsaccused persons. As such the matter requires to be considered.
The learned lower court is directed to pass an order of taking cognizance on the charge sheet afresh after taking into consideration and after perusal of the papers, statement of witnesses under Section 161 Cr.P.C and all the evidences collected by the Investigating Officer along-with charge sheet.
With the above observations, this application under Section 482 Cr.P.C is finally disposed of .
Order Date :- 14.12.2020 PS
2 issues framed by the court
Whether the charging court applied judicial mind while taking cognizance without perusing evidence.
Whether to quash proceedings where filing of charge sheet was challenged under Section 482 Cr.P.C.
4 provisions across 3 enactments
Rameshwar And 2 Others
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
