Dismissed

Mrs. Kajal Agarwal @ Simmi Agarwal and Another v. State of U.P. and Another

Allahabad HC6 Apr 2023CRLA/6531/2022

Case brief

AI extract

What is this about?

On an appeal under Section 14A(1) of the SC/ST Act, the single judge dismissed the petition seeking to quash the charge sheet and summoning order. Finding a prima facie case based on the FIR and investigation reports, the court held the lower court order was correct.

What did the court decide?

The prayer for quashing the charge sheet and summoning order is refused.

Mrs. Kajal Agarwal @ Simmi Agarwal and Another Vs State… — Caste Atrocities | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 6531 of 2022

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Appellant :- Mrs. Kajal Agarwal @ Simmi Agarwal And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Malay Prasad Counsel for Respondent :- G.A.,V.K. Agnihotri

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Hon'ble Gajendra Kumar,J.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the appellants, learned counsel for the respondent No.2 and learned AGA for the State.

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This appeal has been preferred by the appellants under section 14 A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) for quashing of the impugned charge sheet dated 27.09.2019 as well as cognizance/summoning order dated 09.04.2021 in Criminal Case No.3065 of 2021, Case Crime No.660 of 2019, under Section 323, 504, 506 IPC and Section 3(1)(Da) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Chakeri, District Kanpur Nagar whereby, the appellants have been summoned for aforesaid offences.

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It has been argued by learned counsel for the appellants that the impugned order is against facts and law and thus, liable to be set aside. The respondent No.2 has lodged first information report of this case making false and baseless allegations. In the first information report, no motive at all has been attributed to the accused/appellants and that there are absolutely no reasons as to why the appellants would abuse or assault the respondent No.2/informant. Further, the first information report was lodged against three accused persons including appellants. Role of appellants was also shown similar to them. It is further submitted that there is a dispute in between the parties and due to which the appellants have been falsely roped in the present case maliciously. Learned counsel submitted that no prima facie case is made out against appellants.

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Learned AGA and learned counsel for respondent No.2 have opposed the appeal and argued that the appellants/accused are named in the first information report and that in view of allegations made in the first information report and material

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collected during investigation, a prima facie case is made out against appellants.

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I have considered rival submissions and perused record.

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It is well settled that at the stage of cognizance and at the stage of issuing process to the accused, the Magistrate / Court has to be satisfied that there is sufficient ground for proceeding. The court has to consider whether there is sufficient ground for proceeding and not whether there is sufficient ground for conviction. At the stage of issuing the process to the accused, the Magistrate is not required to record reasons, particularly when the cognizance is being taken on the basis of report filed by the police after investigation, under section 173(2) Cr.P.C. In S.K. Sinha, Chief Enforcement Officer v. Videocon International Limited and Ors. MANU/SC/7011/2008 : (2008) 2 SCC 492 , it was held that taking cognizance has no esoteric or mystic significance in criminal law and it connotes that a judicial notice is taken of an offence, after application of mind. Taking of cognizance is thus a condition precedent for holding a valid trial. In M/s. India Carat Pvt. Ltd. Vs. State of Karnataka MANU/SC/0349/1989: 1989(26) ACC 280 (SC), the Supreme Court has observed that Magistrate can take into account statements of witnesses examined by Police during investigation, take cognizance of offence complained of, order to issue a process to accused.

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8. In Mehmood Ul Rehman v. Khazir Mohammad Tunda and others (2015) 12 SCC 420 , it was held as under:-

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"21. Under Section 190(1)(b) Cr.P.C, the Magistrate has the advantage of a police report and under Section 190(1)(c) Cr.P.C., he has the information or knowledge of commission of an offence. But under Section 190(1)(a) Cr.P.C., he has only a complaint before him. The Code hence specifies that "a complaint of facts which constitute such offence". Therefore, if the complaint, on the face of it, does not disclose the commission of any offence, the Magistrate shall not take cognizance under Section 190(1)(a) Cr.P.C. The complaint is simply to be rejected."

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Thus, in so far as taking cognizance based on the police report is concerned, the Magistrate/ court has the advantage of the charge sheet, statement of witnesses and other evidence collected by the police during the investigation. For issuance of process against the accused, only it has to be seen whether there is sufficient ground for proceeding against the accused. At the stage of issuance of process, the Court is not required to weigh the evidentiary value of the materials on record. The Court must apply its mind to the allegations in the charge sheet and the evidence produced and

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satisfy itself that there is sufficient ground to proceed against the accused. The Court is not to examine the merits and demerits of the case and not to determine the adequacy of the evidence for holding the accused guilty. The Court is also not required to embark upon the possible defenses. Likewise, 'possible defences' need not be taken into consideration at the time of issuing process unless there is an ex- facie defence such as a legal bar or if in law the accused is not liable. In this connection a reference may also be made to the case of Nupur Talwar v. Central Bureau of Investigation and another (2012)11 SCC465 .

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In the instant matter, perusal of record shows that the respondent No.2 has lodged first information report of this case against appellants/accused alleging therein that all the accused persons including appellants have abused the daughter of first informant. He has also stated that they belongs to scheduled caste. During investigation, the injured as well as several other witnesses have supported the prosecution version. Merely because some sections have been deleted by the Investigating Officer during investigation, it cannot be a ground to quash the impugned chargesheet and summoning order. Considering allegations made in the first information report and statements of informant/respondent No.2 and other witnesses, other material collected during investigation, it cannot be said that no prima facie case is made out against appellants.

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Counsel for the appellants has not been able to point out any such illegality much less than any abuse of court's process which may persuade this Court to interfere in the impugned order. The impugned order reflects judicial application of mind. There appears no good ground to castigate the impugned order. The view taken by the court below seems to be correct and even this Court does not have reason to take a different view in the matter. Therefore, the prayer for quashing the impugned order is refused.

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However, considering facts of the matter, it is directed that in case the appellants-accused appear / surrender before the Court concerned within a period three week from today any apply for bail, their bail application shall be decided expeditiously in accordance with law.

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With aforesaid observations, the appeal is dismissed .

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Order Date :- 6.4.2023 Sanjeet

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Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad

Mrs. Kajal Agarwal @ Simmi Agarwal and Another v. State of U.P. and Another

Case brief

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Mrs. Kajal Agarwal @ Simmi Agarwal and Another v. State of U.P. and Another

Case brief

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