Uday Vishwakarma vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10819 of 2025

Uday Vishwakarma

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pankaj
Counsel for Opposite Party(s)	: G.A.

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Court No. - 82

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Heard learned counsel for the parties.

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Learned counsel for the applicants submits that he has filed this application under Section 528 of B.N.S.S. with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the present application is delineated below:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet dated 21.1.2024, cognizance order/summoning order dated 9.4.2024 passed by learned Additional Civil Judge (Junior Division), Court No.1, Sonbhadra as well as entire proceeding of Case No. 6615 of 2024 (State Vs. Uday Vishwakarma), arising out of Case Crime No. 293 of 2023, under Sections 419, 420, 406 IPC, Police Station Chopan, District Sonbhadra, pending before the learned Chief Judicial Magistrate, Sonbhadra, to secure the ends of justice.

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It is further most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the impugned charge sheet dated 21.1.2024, cognizance order/summoning order dated 9.4.2024 passed by learned Additional Civil Judge (Junior Division), Court No.1, Sonbhadra as well as entire proceeding of Case No.6615 of 2024 (State Vs. Uday Vishwakarma), arising out of Case Crime No.293 of 2023, under Section

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419, 420, 406 IPC, Police Station Chopan, District Sonbhadra, pending before the learned Chief Judicial Magistrate, Sonbhadra, and or to pass such further and other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, to secure the ends of justice."

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Learned counsel for the applicant submits that one Anup Kumar Singh (informant) alleged that the applicant prepared mine tag document in the name of vehicle no. U.P.65 JT9008, which is in the custody of the informant, and provided the same for another vehicle belonging to a different person. Due to misuse of that very mine tag document, challans were issued 18 times by the Mining Department, Sonbhadra but due to ignorance the informant, he deposited the amount of challan 7 times. Later on, upon inquiry, he came to know that a fraudulent mine tag document had been prepared in respect of the vehicle in his custody, and he further alleged that the applicant, Uday Vishwakarma, had committed similar acts of forgery earlier as well.

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Learned counsel for the applicant submits that on the allegation of the informant First Information Report was lodged as Case Crime No. 293 of 2023, under sections 419, 420, 406 I.P.C., Police Station Chopan, District Sonbhadra.

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Learned counsel for the applicant further submits that as per the judgment of Delhi Race Club (1940) Limited and others Versus State of U.P. and others, 2024 (10) SCC 690 , proceedings cannot be initiated simultaneously under section 420 as well as 406 I.P.C.

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The Investigating Officer, after investigation, has also prepared a charge sheet under sections 419, 420, 406 I.P.C. and submitted the same in the court of Additional Civil Judge (Junior Division), Court No. 1, Sonbhadra and the learned Additional Civil Judge (Junior Division) took cognizance on 09.04.2024 under section 419, 420, 406 I.P.C. and also summoned the accused applicant.

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Sri Pankaj Kumar Tripathi, learned A.G.A., informed that the applicant has also committed crime twice of the same kind and against the applicant accused the F.I.Rs. were registered as Case Crime No. 87 of 2022, under

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sections 419, 420 I.P.C., Police Station Jugail, District Sonbhadra and Case Crime No. 159 of 2020, under sections 419, 420 I.P.C., Police Station Chopan, District Sonbhadra. Thus three cases of similar nature are pending against the applicant in District Sonbhadra.

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As per the judgment of Delhi Race Club (1940) Limited and others Versus State of U.P. and others, 2024 (0) AIR (SC) 4531, the learned Judicial Magistrate should take cognizance either under section 420 or under section 406 I.P.C. and the Investigating Officer should also submit charge sheet either under section 420 or 406 I.P.C. Therefore, Chief Judicial Magistrate, Sonbhadra is directed to direct all the Judicial Officers dealing with criminal matters to go through the judgment of Delhi Race Club (supra) and take cognizance as well as decision as per the direction given by Hon'ble Supreme Court.

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The learned Chief Judicial Magistrate and the District Judge, Sonbhadra, are directed to communicate the Superintendent of Police, Sonbhadra about the judgment of Delhi Race Club (supra) in respect of lodging an F.I.R. either under section 420 or 406 I.P.C. or in corresponding sections of Bharatiya Nyaya Sanhita, 2023.

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In view of the above facts and circumstances of the case, the cognizance order dated 09.04.2024 arising out of Case Crime No. 293 of 2023, under Sections 419, 420, 406 IPC, Police Station Chopan, District Sonbhadra, is quashed and the case is remitted to the concerned court of Judicial Magistrate to consider the case as per the judgment of Delhi Race Club (supra) and take cognizance and thereafter proceed.

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This Court directs to the concerned Judicial Magistrate dealing with the criminal matter as well as Superintendent of Police to go through the judgment of Delhi Race Club (supra) and take action in accordance with law, otherwise, it will violate the Article 21 of the Constitution of India, in which it has been mentioned that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Thus the said procedure must be adopted at the time of lodging of F.I.R. and submitting the police report for taking cognizance and summoning the accused person.

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