Siraj Ahmad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC22 Nov 2024A482/10540/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash cognizance taken against the applicant on a charge sheet filed after repeated reinvestigations despite four earlier final reports dropping him in a 2015 murder case. Interim order: counter affidavit called, IO to appear with record, proceedings stayed till next listing.

What the court decided

AI extract

Siraj Ahmad vs State of U.P. Thru. Prin. Secy. Home Lko… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 10540 of 2024

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Applicant :- Siraj Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Siddhartha Sinha,Arun Sinha,Umang Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application is filed with the prayer to quash the impugned cognizance order dated 25.1.2024 passed by the learned Chief Judicial Magistrate, Lucknow taking cognizance against the applicant pursuant to the charge sheet, vide charge sheet No.2A, dated 4.1.2024, arising out of Crime No.632/2015, under Sections 302, 120-B I.P.C., registered at P.S. Hazratganj, District - Lucknow.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case with the allegation of conspiracy and after detail investigation, charge sheet was submitted against five accused persons, namely, Shiv, Badree, Vaishnav, Shan Warsi & Sarkar Ahmad. He further submits that investigation was concluded in relation to the applicant on 14.7.2016 by way of filing final report by dropping the name of the applicant on the ground that there was no evidence against the applicant, then on the request of complainant, further investigation was conducted by Mr. Ashok Verma, D.S.P., Hazratganj, Lucknow and he again submitted final report dated 22.10.2016. Thereafter, matter was transferred to Crime Branch for further investigation, then again final report dated 26.3.2019 was submitted by the Investigating Officer of Crime Branch, then matter was transferred to C.B.C.I.D. for further investigation, then again final report was submitted by Ms. Rekha Gupta, Inspector, C.B.C.I.D., Lucknow dated 30.1.2021. On 26.4.2021, again order was passed by the state Government for re-investigation, then reinvestigation was conducted in the most mechanical manner without collecting any

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evidence or recording statement of the witness, charge sheet was submitted against the applicant. He also submits that at this stage, trial was proceeded against five accused person at the stage of Section 313 Cr.P.C. He further submits that there is no evidence against the applicant, who is aged about 67 years.

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Learned counsel for the applicant is also relying on the decision of Hon'ble Apex Court in the case of K. Vadivel Vs. K. Shanti & Ors. reported in 2024 SCC Online 2643 and submits that order of further investigation can be issued by the trial court itself at the stage of trial, in case, any clinching material is found but further investigation should not be conducted to do a phishing and robbing inquiry , when four times, responsible officers has submitted final report in the case of the applicant, therefore, indulgence of this Court is necessary.

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Learned A.G.A. opposes the prayer of the applicant and submits that it is open to the applicant to file discharge application before the trial court but he is not in a position to reply that four times, final report was submitted in favour of the applicant. He is also relying on the decision of

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Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that applicant was named in the F.I.R. but after detail investigation, four times, final report was submitted upto 13.1.2021, then all of sudden on 22.4.2024, again order was passed reinvestigation and charge sheet was submitted against the applicant by the Investigating Officer.

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List this case on 16.12.2024.

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In the meantime, counter affidavit be filed by learned A.G.A.

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On the next date, Investigating Officer shall appear before this Court alongwith complete record explaining the evidences collected against the applicant.

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The S.H.O., Police Station Hazratganj, Lucknow

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is directed to inform the informant/complainant of the present case about the next date of listing.

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Till the next date of listing, impugned proceeding shall remain stayed.

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Order Date :- 2.12.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Siraj Ahmad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Siraj Ahmad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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