Court dismissed the criminal writ petition seeking quashing of an FIR. The High Court consigned the proceedings due to an officer's affidavit contradicting prior instructions regarding the chargesheet date.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 1996 of 2022
Petitioner :- Ranjeet Yadav @ Ranjeet Singh And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Singh,Surendra Bahadur Singh
Counsel for Respondent :- G.A
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Prayer made in this petition is to quash the First Information Report dated 2.9.2021, registered in Case Crime No. 185 of 2021, under Sections 147, 504, 506 IPC, 3(2)(va) of SC/ST Act and 3/5 of the Prevention of Damages to Public Property Act, Police Station Phaphamau, District Prayagraj.
An affidavit has been filed by the officer expressing apologies for the error contained in the instructions provided to learned AGA, as per which the chargesheet was actually filed on 3.1.2022. It has now been stated that it was forwarded to higher officer in terms of Section 158 Cr.P.C. and that the chargesheet has actually been filed before the concerned Magistrate on 21.3.2022.
We are not impressed by the affidavit filed by the officer concerned, who ought to have been more careful in providing instructions to learned AGA. The instructions in fact contain a clear stipulation that chargesheet has been filed in the court on 3.1.2022, which is not the fact. While cautioning the officer concerned to remain careful in future, we consign the writ proceedings.
It goes without saying that petitioners shall be at liberty to challenge the chargesheet in appropriate proceedings.
Order Date :- 22.3.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.03.23 11:48:26 IST Reason: Location: High Court of Judicature at Allahabad
Ranjeet Yadav @ Ranjeet Singh And 6 Others
State Of U.P. And 3 Others
Ashwani Kumar Mishra
Rajnesh Kumar
As recorded by the court registry
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