Allowed

Om Prakash Verma and Others v. State of U.P. Thru. Prin. Secy. (Home Deptt.), Lko. and Another

Allahabad HC17 Feb 2023/1026/2023

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash an impugned order dated 2.1.2023 passed by the Chief Judicial Magistrate under Section 156(3) Cr.P.C., which directed the police to lodge an FIR against the applicants based on a report submitted due to heavy work pressure. The court held the prosecution appeared unlawful and erroneous, quashing the implicated case proceedings.

What did the court decide?

The impugned order dated 2.1.2023 invoking jurisdiction under Section 156(3) Cr.P.C. is set aside and the criminal proceedings in Case Crime No. 56 of 2023 under Section 302 IPC are quashed.

Om Prakash Verma and Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1026 of 2023

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Applicant :- Om Prakash Verma And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home Deptt.), Lko. And Another Counsel for Applicant :- Amitesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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In compliance of the order dated 9.2.2023, the Investigating Officer has filed his supplementary affidavit dated 17.2.2023, which is taken on record.

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Heard learned counsel for applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the material placed on record.

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Instant application has been filed with the prayer to quash the impugned order dated 2.1.2023 passed by Chief Judicial Magistrate, District Ambedkar Nagar arising out in Misc. Case No.1071 of 2022 on the application under Section 156 (3) Cr.P.C. (Asha Ram Chawdhri Vs. Om Prakash Verma & others) Police Station Akbarpur, District Ambedkar Nagar. Further prayer is to stay further proceedings in pursuance to the impugned order dated 2.1.2023 during the pendency of the instant application.

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Learned counsel for the applicant submits that on the basis of incorrect report dated 23.12.2022, the court below has passed the order invoking jurisdiction under Section 156 (3) Cr.P.C. on 2.1.2023 wherein the S.H.O. concerned was directed to lodge an F.I.R. against the applicants. He further added that applicant no.1 is father of the deceased and he himself is a sufferer but even then the criminal proceedings have been initiated while filing application under Section 156 (3) and, in a very casual, callous and supine manner, the report dated 23.12.2022 was submitted by the Sub Inspector of Police Station Kotwali Akbarpur, District Ambedkar Nagar to the court concerned and, thus, the criminal proceedings have been initiated against the applicants and as a result thereof, the applicants have suffered a lot with mental and physical agony. He submits that in view of the aforesaid facts and circumstances, criminal proceedings against the applicants may be quashed.

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On the other hand, learned A.G.A. for the State has drawn attention of this Court towards page 19 of the personal affidavit

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wherein vide order dated 9.2.2023, preliminary enquiry has been contemplated against the Investigating officer by the Circle Officer, Ambedkar Nagar. He further submitted that the report dated 23.12.2022 has been submitted due to heavy pressure of the work and there was no any deliberate intention to submit the same. He further added that none the final report has been submitted in the court below in Case Crime No.56 of 2023 and enquiry has been contemplated against erring officer, i.e., the Investigating Officer Vijay Soni and action will be taken against him.

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Considering the submissions of the learned counsel for the parties and after going through the supplementary affidavit filed by the Investigating Officer, it emerges that the order dated 2.1.2023 was passed by the court below considering the report dated 23.12.2022 sent by the Investigating officer. The fact remains that earlier applicant no.1 lodged an F.I.R. against the opposite party no.2 and the family members, as the daughter of the applicant no.1 had committed suicide in the matrimonial house and, in that case, criminal proceedings are going on. This Court has also noticed the fact that final report has been submitted in the court concerned but further criminal proceeding will go on even after filing of the final report as the opposite party no.2 would have right to file protest application, which will hatch the applicant to suffer. Thus, this Court is of the view that alleged prosecution of the applicants is apparently unlawful and erroneous in the facts and circumstances of the case.

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In view of the aforesaid submissions and discussions, the impugned order dated 2.1.2023 passed by Chief Judicial Magistrate, District Ambedkar Nagar in Misc. Case No.1071 of 2022 on the application under Section 156 (3) Cr.P.C. (Asha Ram Chawdhri Vs. Om Prakash Verma & others) Police Station Akbarpur, District Ambedkar Nagar is hereby set aside and the criminal proceedings of Case Crime No. 56 of 2023 under Section 302 I.P.C. Police Station Akbarpur, District Ambedkar Nagar, is hereby quashed.

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The opposite party no.2 is at liberty to raise his complaint/grievance, if any, before appropriate court/forum.

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Accordingly, the instant application is allowed.

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Order Date :- 17.2.2023 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Om Prakash Verma and Others v. State of U.P. Thru. Prin. Secy. (Home Deptt.), Lko. and Another

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Om Prakash Verma and Others v. State of U.P. Thru. Prin. Secy. (Home Deptt.), Lko. and Another

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