Disposed

Vikas Tomer v. State of Up and Another

Allahabad HC3 Jul 2024A482/10516/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking quashing of proceedings and stayed of further steps. Instead of quashing, the Court directed the Special Judge to decide the pending application under Section 321 Cr.P.C. for withdrawal of prosecution within two months.

What did the court decide?

The Court disposed of the application by directing the Special Judge to decide the Section 321 Cr.P.C. application within two months.

Vikas Tomer vs State of Up and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114280

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 10516 of 2024

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Applicant :- Vikas Tomer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Pavan Kishore, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant Vikas Tomer has approached this Court with the following prayer:

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"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Special MP-MLA Case No. 33 of 2022 (Old Case No. 2905 of 2009) State Vs. Vikas Tomer & others, under Section 188 I.P.C., Case Crime No. 81 of 2009, Police Station-Jahangirpur, District Bulandshahar, pending in the Court of Special Judge, M.P.-MLA, Bulandshahar.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the aforesaid case during the pendency of the present application before this Hon'ble Court; otherwise applicants shall suffer irreparable loss and injury."

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Record shows that an F.I.R. dated 07.04.2009 was lodged by S.I. Bijendra Singh Sisodiya and was registered as Case Crime No. 81 of 2009 under Section 188 I.P.C. and Section 126 of Representation of People Act, Police Station Jahangirpur, DistrictBulandshahar. In the aforesaid F.I.R., nine persons including present applicant have been nominated as named accused. Subsequently, a challan report under Section 188 I.P.C. was

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submitted by the Station House Officer of the police station concerned. The said proceeding came to be registered as Special M.P.-M.L.A. Case No. 33 of 2022 (old Case No. 2905 of 2009) (State Vs. Vikas Tomer and others) under Section 188 I.P.C., Police Station Jahangirpur, District-Bulandshahar now pending in the Court of Special Judge, M.P.-M.L.A, Bulandshahar.

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While aforesaid proceedings were pending, the State Government took a policy decision to withdraw the criminal prosecution of applicant and others.

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In view of the decision so taken by the State Government, the ADGC (Criminal) Bulandshahar filed an application dated 09.12.2019 under Section 321 Cr.P.C. with the prayer that prosecution of charge-sheeted accused including present applicant be allowed to be withdrawn.

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According to learned counsel for applicant this application dated 09.12.2023 filed by ADGC Criminal is still pending before court below. Upto this stage, no decision has been taken by court below on the aforesaid application. The applicant is regularly attending the Court. It is then contended by the learned counsel for applicant that in respect of an offence under Section 188 I.P.C., a complaint can be made and no F.I.R. can be lodged. To buttress his submission he has relied upon the judgement of the Supreme Court in Central Bureau of Investigation Vs. M. Sivamani, (2017), 14 SCC 855.

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On the above premise, the learned counsel for applicant contends that since the very proceedings are not maintainable, therefore, the same are liable to be set aside by this Court.

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Per contra, the learned A.G.A. for State-opposite party-1 submits the once the State Government has itself taken a policy

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decision to withdraw the prosecution of applicant and others and subsequent to above, the ADGC (Criminal), Bulandshahar has already field an application dated 09.12.2019 before court below seeking permission of Court to withdraw the prosecution of applicant and others, therefore, interest of justice shall better be served in case a direction is issued by this Court to court below to decide aforesaid application dated 09.12.2019 within a time period fixed by this Court.

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Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record this Court finds that no useful purpose shall be served in keeping this application pending.

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Accordingly, this application is finally disposed of with a direction to the Additional Sessions Judge/Special Judge, M.P.M.L.A, Bulandshahar to decide the application dated 09.12.2019 under Section 321 Cr.P.C. filed by ADGC (Criminal), Bulandshahar in aforementioned case within a period of two months from the date of presentation of a certified copy of this order.

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Order Date :- 18.7.2024 YK

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

Vikas Tomer v. State of Up and Another

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Vikas Tomer v. State of Up and Another

Case brief

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