Partly allowed

Brij Bhushan Sharan Singh v. State of U.P. Thru. Secy. Deptt. of Home, Lko. and Another

Allahabad HC22 Aug 2022/3167/2022

Case brief

AI extract

What is this about?

This Court quashed charges and summoning orders relating to an offence under Section 188 IPC as the proceedings were void ab-initio due to procedural bars under Section 195 Cr.P.C., while the applicant agreed to face trial for Section 341 IPC.

What did the court decide?

Invocation and summoning orders for offence under Section 188 IPC were quashed as void ab-initio.

Brij Bhushan Sharan Singh Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 3167 of 2022

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Applicant :- Brij Bhushan Sharan Singh Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Another

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Counsel for Applicant :- Janardan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the parties.

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Present petition under section 482 Cr.P.C. has been filed seeking quashing of the Chargesheet no. 77/2014 dated 30-04-2014 submitted by the police against the petitioner for the offences under sections 341, 188 I.P.C. relating to Case Crime No. 348 of 2014, Police Satation-Kotwali Nagar, district-Gonda as well as summoning order dated 22-01-2018 passed in Case No. 120 of 2018, State Versus Brij Bhushan Singh including further proceedings pending before Additional Chief Judicial Magistrate-I,Gonda.

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Sri Janardan Singh, learned counsel for the petitioner submits that under section 195 Cr.P.C., there is a bar for taking cognizance for the of f ence under section 188 I.P.C. except on a complaint made by public servant. He has further submitted that neither any F.I.R. could have been registered for the offence under section 188 I.P.C. nor any chargesheet could have been filed.

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It has further been submitted by the learned counsel for the petitioner that order of taking cognizance and initiating further proceedings are against the express provisions of section 195 Cr.P.C., therefore, they are void ab-initio.

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It has further been submitted that lodging of the F.I.R. and filing of the chargesheet and taking cognizance on the said charghesset are wholly illegal and against the bar created under section 195 Cr.P.C.

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Sri Rao Narendra Singh, learned A.G.A. does not dispute the fact that there is a bar created under section 195 Cr.P.C.

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Considering the aforesaid position and taking into consideration the provisions of Section 195 Cr.P.C., this court is of the view that no cognizance could have been taken on the chargesheet submitted by the Investing Agency in F.I.R. under section 188 I.P.C. Thus, it is held that the impugned proceedings for offence under section 188 I.P.C. are void ab-initio inasmuch as they are against the provisions of section 195 Cr.P.C.

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In view thereof, the present petition is partly allowed.

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The Chargesheet no. 77/2014 dated 30-04-2014 submitted by the police against the petitioner for the offences under sections 341, 188 I.P.C. relating to Case Crime No. 348 of 2014, Police SatationKotwali Nagar, district-Gonda as well as summoning order dated 22-01-2018 passed in Case No. 120 of 2018, State Versus Brij Bhushan Singh for offence under section 188 I.P.C.including further proceedings pending before Additional Chief Judicial Magistrate-I,Gonda, so far offence under section 188 I.P.C. are hereby quashed.

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So far as offence under section 341 I.P.C. is concerned, it is also submitted on behalf of the petitioner that the petitioner does not want to contest the proceedings for offence under section 341 I.P.C. and he will appear before the trial court within ten days from today and plead guilty before the trial court and will deposit the fine as may be awarded by the learned trial court in accordance with law.

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If the petitioner surrenders before the trial court and plead guilty, the trial court may fine him appropriately for offence under section 341 I.P.C. instead of imprisonment and close the proceedings for offence under section 341 I.P.C.

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Order Date :- 22.8.2022 AKS

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Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.08.22 18:54:02 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Brij Bhushan Sharan Singh v. State of U.P. Thru. Secy. Deptt. of Home, Lko. and Another

Case brief

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Brij Bhushan Sharan Singh v. State of U.P. Thru. Secy. Deptt. of Home, Lko. and Another

Case brief

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