Application under Section 482 Cr.P.C. seeking quashing of discharge-application rejection orders and entire criminal proceedings qua applicant, who was earlier acquitted in a similar case on the same evidence. Court issued notices and stayed further proceedings pending hearing.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 3736 of 2024
Applicant :- Ram Briksh Yadav Opposite Party :- The State Of U.P. Thru. Its Addil. Chief Secy. / Prin. Secy. Home, Civil Secrtt. Lko. And Another Counsel for Applicant :- Pawan Kumar Misra,Wali Nawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Pawan Kumar Mishra, learned counsel for the applicant as well as Sri Rajeev Kumar Verma, learned A.G.A. and perused the record.
This application Section 482, Cr.P.C. has been filed by the applicant seeking quashing of the order dated 13.09.2023, passed by the learned Court of Additional Chief Judicial Magistrate Second, Court No.-26, Lucknow in Case No. 3981/2004, (State v. Sharad Kumar Shukla etc.), arising out of case crime no. 4/2002, registered at Police Station Aliganj, District- Lucknow pending under Section 409, 411, 420, 467, 468, 474 Indian Penal Code, 1860 and Section 10 The U.P. Public Examination (Prevention of Unfair Means) Act, 1998, whereby, the discharge Application of the Applicant has been dismissed, and also quash the order, dated 08.01.2024, whereby Revision filed against the order rejecting discharge application of the Applicant before the Learned Court of Special Judge P.C. Act-6/Additional Sessions Judge, Lucknow, in Criminal Revision No. 587/2023, has also been dismissed and also to quash the entire proceedings as well as the consequential proceedings of the impugned proceedings pending before the Learned Court of Additional Chief Judicial Magistrate Second, Court No.-26, Lucknow, whereby Discharge Application of the Applicant has been dismissed, may kindly be set aside and also to quash the entire proceedings as well as the consequential proceedings of the impugned proceedings pending before the Learned Court of Additional Chief Judicial Magistrate Second, Court No.-26, Lucknow qua Applicant.
Learned counsel for the applicant submits that in another case bearing Case Crime No. 3/2002 registered at Police StationMadiyaon, Lucknow, Uttar Pradesh, where there was exactly same set of evidence against the Applicant, the Applicant was acquitted by the Learned Trial Court, vide Judgement and order, dated 16.09.2022. A copy of the judgement and order date 16.09.2022, passed by the Learned Chief Judicial Magistrate, Third, Lucknow in Criminal Case No. 7109/12 is annexed hereto as ANNEXURE NO. 11. It has been further stated by the
learned counsel that on the same set of evidence the Applicant has secured acquittal as the Learned Trial Court rightly concluded in the mentioned case that Prosecution has failed to bring any evidence qua Applicant, especially in light of the fact when PW-2 in the mentioned case was the Opposite Party No.2/Informant of the instant case, any prolonged proceeding in the instant case would be abuse of process of the Court.
Learned counsel further submitted that it is equally pertinent to mention that on the same set of facts in which the Applicant secured acquittal vide judgement and order, dated 16.09.2022, passed by the Learned Chief Judicial Magistrate, Third, Lucknow in Criminal Case No. 7109/12 arising from FIR bearing Case Crime No. 3/2002, dated 05.01.2002, was registered at Police Station- Madiyaon, Lucknow, Uttar Pradesh, no Appeal was ever preferred challenging the same by the State.
Learned counsel laid emphasis on this fact that the Applicant in the instant case was only levelled with the allegation that he left open the latch, as he was posted as Personal Assistant (Ardali) of Director of Institute of Management Development, Lucknow, however, he has already been exonerated in the departmental proceeding lodged against him subsequent to lodging of the FIR.
Thus, the learned counsel for the applicant submits that the present proceeding is nothing, but an abuse of the process of law, as the investigating officer has submitted his chargesheet in a mechanical manner, without considering all these facts; the learned Magistrate dismissed the discharge application of the applicant without considering all these facts, whereas all these facts were before him and the revision filed against the order passed on the discharge-application was also rejected in a routine manner, without considering all these facts. Thus, the impugned order dated 13.9.2023 passed by the learned Addl. Chief Judicial Magistrate-II, Court No. 26, and the order 8.1.2024 passed by the learned Special Judge, P.C. Act-6/Addl. Sessions Judge, Lucknow, are bad in the eyes of law. He prays for interim relief.
The matter requires consideration on the facts and law both.
Learned A.G.A. Sri Rajeev Kumar Verma has accepted notice on behalf of the opp. party No. 1.
Issue notice to the opposite party No. 2 R.P.A.D.
Steps for service of notice be taken within 10 days.
Learned A.G.A. as well as counsel for the opp. Party No. 2 prays for and is allowed 6 weeks' time to file counter affidavit. 2 weeks' time thereafter is allowed to the applicants for filing rejoinder affidavit, if any.
Put up this case on 28.8.2024 .
Till the next date of listing, further proceeding as well as effect and operation of the order dated 13.09.2023, passed by the Court of learned Addl. Chief Judicial Magistrate Second, Court No.-26, Lucknow in Case No. 3981/2004, (State v. Sharad Kumar Shukla etc.), arising out of case crime no. 4/2002, registered at Police Station Aliganj, District- Lucknow, under Section 409, 411, 420, 467, 468, 474 Indian Penal Code, 1860 and Section 10 The U.P. Public Examination (Prevention of Unfair Means) Act, 1998, and the order, dated 08.01.2024 passed by the Court of the larned Special Judge P.C. Act6/Additional Sessions Judge, Lucknow, in Criminal Revision No. 587/2023, qua Applicant, shall remain stayed .
( Shamim Ahmed, J. )
Order Date :- 23.4.2024 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the discharge application dismissal and subsequent proceedings against the applicant constitute abuse of the process of law given his acquittal on the same evidence in another case.
Whether proceedings pending under Sections 409, 411, 420, 467, 468, 474 IPC and Section 10 UPP Act should be quashed qua the applicant.
3 provisions across 3 enactments
Ram Briksh Yadav
The State Of U.P. Thru. Its Addil. Chief Secy. / Prin. Secy. Home, Civil Secrtt. Lko.
R.P.A.D.
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
