In an application under Section 482 Cr.P.C., the applicant sought a stay on proceedings under Section 82 Cr.P.C., arguing illegal proclamation issuance without evidence. The court held that no interference is permissible during pending investigation and dismissed the application.
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Court No. - 3 Case :- APPLICATION U/S 482 No. - 18098 of 2020 Applicant :- Gautam/Dudhnath Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant 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 applicant with a prayer to stay the effect and operation of the proceedings under Section 82 of Cr.P.C in Case Crime No. 0062 of 2020 initiated by the police which is Annexure-8 of the affidavit.
The learned counsel for the applicant contended that the Investigating Officer concerned has issued proclamation under Section 82 Cr.P.C in an illegal way while no evidence was collected by the Investigating Officer in regard to commission of the crime by the applicant-accused.
Learned A.G.A vehemently opposed the prayer and submitted that the applicant is named in the F.I.R. Since the applicantaccused was not co-operating in the investigation, so the Investigating Officer initiated the proceedings under Section 82 Cr.P.C.
Admittedly, the investigation is pending of the case crime no. 62 of 2020 under Section 323,504, 506 I.P.C and 3(1)(d) and (e) and 3(2)(V) of S.C/S.T Act, P.S Gopiganj, District Bhadohi. Annexure-1 is the F.I.R which reveals that the applicant Gautam/Dudhnath Bind is named in the F.I.R. Since the investigation is going on and initiation of the proceedings under Section 82 Cr.P.C was made by the Investigating Officer after getting the order from the court concerned because of absconding from the investigation which had been conducted by the Investigating Officer. The applicant being accused should have appear before the Investigating Officer and should have assisted him in the investigation.
At this stage no interference can be made in the investigation and accordingly this application deserves to be dismissed.
Accordingly, this application under Section 482 Cr.P.C is dismissed .
Order Date :- 14.12.2020/PS
2 issues framed by the court
Whether the High Court can interfere in the initiation of proceedings under Section 82 Cr.P.C. while the investigation is pending.
Whether an illegal issuance of proclamation under Section 82 Cr.P.C. without collected evidence warrants staying the proceedings under Section 482 Cr.P.C.
2 provisions across 1 enactments
Gautam/Dudhnath Bind
State Of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
