State v. Vijay Singh and others), otherwise the
Case Details
Neutral Citation No. - 2024:AHC:130171 Court No. - 77 Case :- APPLICATION U/S 482 No. - 10253 of 2024
Legal Reasoning
8. The said order gave interim protection to the applicants in the nature of no coercive steps against them in the aforesaid criminal case. At that time it was not pointed out to the Court that the applicant No. 1 has wrongly joined the present proceedings. Now when the petition was today taken up again for arguments, prayer for withdrawal has been made on the ground as above. The fact of Ajay Singh giving his affidavit before this Court in the present petition being arrayed an applicant no. 1 is totally uncalled for and clearly smacks of some misdeed by him. 9. On countering learned counsel for the applicants as to why Ajay Singh has been made an applicant in the present petition, why he has been made one of the deponents in the same, as to why he was sent for getting his photograph clicked as a deponent with the Advocate's Roll of the learned counsel and as to why it was not pointed out on the very first day of hearing of the matter to the said Bench that he has been wrongly made an accused, he is unable to give any reply to the same. 10. In view of the same, since there is a request for withdrawal of the present petition, the same is dismissed as withdrawn but this Court imposes an exemplary cost of Rs.1,00,000(One Lakh) on Ajay Singh son of Saligram (the applicant no. 1) for filing the present petition without any cause of action and also being a dare devil person to give an affidavit as being the applicant no. 1 in the same along with two other deponents. The said cost has to be deposited by him within 02 (two) weeks from today before the District Magistrate, Agra who shall transmit the same to the Registrar General of this Court for its utilization in the High Court Legal Services Committee. If the said amount is not deposited within the time as aforesaid, the District Magistrate, Agra shall issue a recovery certificate for recovery of the said amount which shall be done within three weeks thereafter as arrears of land revenue from the applicant no. 1 Ajay Singh and also send a compliance report about it within three weeks. 11. The present Criminal Misc. Application U/S 482 Cr.P.C. is dismissed as withdrawn. 12. Interim order dated 04.06.2024 stands hereby vacated. 13. The Registrar (Compliance) shall communicate this order to the District Magistrate, Agra, the Chief Judicial Magistrate, Agra and the trial court concerned within four days for its compliance. 14. The matter then shall be placed before this Court in its Chamber on 10.09.2024 at 04:30 P.M. for perusal of the compliance reports. Order Date :- 12.8.2024 Naresh (Samit Gopal,J.)
Arguments
Applicant :- Ajay Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- Anil Kumar Srivastava,G.A. Hon'ble Samit Gopal,J. 1. Heard Sri Rakesh Kumar Verma, learned counsel for the applicants, Sri Anil Kumar Srivastava, learned counsel for the opposite party no. 2, Sri Ram Prakash Shukla, learned counsel for the State and perused the record. 2. Vakalatnama of Sri Anil Kumar Srivastava, learned counsel for the opposite party no. 2 is not on record. Office to trace it out and place it on the record and make a note about it in the order sheet. 3. This Criminal Misc. Application under Section 482 Cr.P.C. has been filed by the applicants Ajay Singh (the applicant no. 1), Vijay Singh@Bhoora (the applicant no. 2) and Santosh Singh (the applicant no. 3) with the following prayers:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the charge sheet dated 12.12.2020 and cognizance order dated 10.02.2021 as well as further proceeding of Case No. 1942 of 2021, arising out of Case Crime No. 312 of 2020, under Sections 147, 148, 149, 323, 325, 308, 504, 506 I.P.C. Police Station Fatehabad, District Agra, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 3 (State versus Vijay Singh and others) may also be quashed. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No. 1942 of 2021, arising out of Case Crime No. 312 of 2020, under Sections 147, 148, 149, 323, 325, 308, 504, 506 I.P.C. Police Station Fatehabad, District Agra, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 3 (State versus Vijay Singh and others), otherwise the applicants shall suffer irreparable loss and injury, during pendency of the criminal misc. application or pass such other and further order, which Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, learned counsel for the applicants submits that the present application under Section 482 Cr.P.C. be dismissed as withdrawn since there is some error in the array of the applicants. 5. Perusal of the records goes to show that Ajay Singh the applicant no. 1 is not an accused in the present F.I.R. and has not even been arrayed as an accused in the charge sheet dated 12.12.2020 filed after investigation. 6. Startling facts are that despite the same, affidavit in support of the present petition has been given by three persons who are as under: "Affidavit of Ajay Singh aged about 45 years S/o Saligram, Resident of Village Saket Nagar, Bah Road, Police Station Fatehabad, District Agra. Religion Hindu, Profession farmer. Affidavit of Vijay Singh aged about 35 years S/o Saligram, Resident of Village Saket Nagar, Bah Road, Police Station Fatehabad, District Agra. Religion Hindu, Profession farmer. Affidavit of Santosh Singh S/o Saligram, Resident of Village 30, Bah Road-1, Police Station Fatehabad, District Agra. Religion Hindu, Profession farmer." 7. Further startling fact is that Ajay Singh who is deponent and is not an accused has moved this application with two accused persons for quashing of the proceedings, the order dated 10.02.2021 passed by In-charge Additional Chief Judicial Magistrate, Court No. 2, Agra taking cognizance on the charge sheet and summoning the following accused persons: (1) Vijay Singh, (2) Santosh@Bhoora, (3) Sunil Sharma,(4) Ramu, (5) Nand Kishor, (6) Lokesh and (7) Pankaj Singh. Even in the same Ajay Singh is not an accused. This appears to be a sheer mischief by him inasmuch as the present petition was taken up previously by another Bench of this Court which was argued on 04.06.2024 and the following order was passed by the said Bench:- "Heard learned counsel for the applicant, learned counsel for respondent no. 2 and learned A.G.A for the State an perused the record. This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 12.12.2020 and cognizance order dated 10.02.2021, as well as further proceeding of Case No. 1942 of 2021, rising out of Case Crime No. 312 of 2020, under Sections 147, 148, 149, 323, 325,, 308, 504, 506 I.P.C, Police Station Fatehabad, District Agra, pending in the Court of learned additional chief Judicial Magistrate. Learned counsel for the applicants submits that the applicant and opposite party no. 2 have settled their disputes amicably and arrived at a compromise. The compromise deed dated 29th February, 2024 has been filed before the court below and a copy of the same has also been enclosed as Annexure-18 to the affidavit accompanying the present application. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it. Put up this case on 12th July, 2024, as fresh before the appropriate Bench. Learned counsel for the applicant undertakes that he shall make a fresh compromise deed along with an application before the court below within two weeks from today for verification of the aforesaid compromise. On submission of the same, the court below shall issue notices to the applicant and opposite party no. 2 for ensuring their presence before the court below or any other transferee court, as the case may be, on 04th July, 2024 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court. Office is directed to send through FAX a copy of this order within 24 hours. Learned counsel for the applicant is directed to produce a certified copy of this order along with a fresh compromise application before the court concerned within a week from today. Till the next date of listing, no coercive steps would be taken against the applicants in the aforesaid criminal case."