State of U.P. and Another v. Party

"1. In pursuance of earlier order dated 20.05.2025, Sri C.L. Chaudhary, learned AGA-I came up with instructions in shape of several documents such as recovery memo prepared at the time of arrest of the imposter Shamsher as alleged through instant application, certified photo of accused Shamsher who has been sent to District Jail, Meerut and documents submitted by Jailor, District Jail Meerut.

2. Recovery memo is having thumb impression of one Shamsher who had been arrested by concerned police authorities on dated 06.12.2018 which is available with records of learned court concerned.

3. Learned court of Additional Chief Judicial Magistrate-III, Meerut is hereby directed to receive thumb impression of applicant, namely, Shamsher S/o Wasi and get it matched with the thumb impression of alleged Shamsher who appeared before learned court concerned in pursuance of Criminal Case No.11694 of 2019 (State Vs. Shahzad and others), arising out of Case Crime No.677 of 2018, under Section 3/5/8 of Cow Slaughter Act, P.S. Kithore, District Meerut and after getting it verified in pursuance of thumb impression of both Shamsher (applicant in the present case) and Shamsher (who appeared before learned court concerned) with authorized Government Finger Print Expert, send report of the same to this Court through Registrar (Compliance).

4. Applicant herein is directed to put his thumb impression before learned court concerned on dated 02.06.2025.

5. The entire exercise as directed above, be completed within a period of four weeks from 2 A482 No. 43976 of 2024 today.

6. Put up this case on 04.07.2025 as fresh along with thumb impression report.

7. Till the next date of listing, no coercive action shall be initiated against applicant herein in pursuance of Criminal Case No.11694 of 2019 (State Vs. Shahzad and others), arising out of Case Crime No.677 of 2018, under Section 3/5/8 of Cow Slaughter Act, P.S. Kithore, District Meerut.

8. S.I. Rajkumar Gautam is exempted from his personal appearance.

9. Registrar (Compliance) is hereby directed to ensure service of this order upon learned court of Additional Chief Judicial Magistrate-III, Meerut within 24 hours for necessary compliance."

2. Following the earlier order, on 18.08.2025 this Court passed the following order:- "1. Heard Sri Narendra Mohan, learned counsel for the applicant and learned A.G.A. for the State.

2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 20.12.2018 as well as summoning/cognizance order dated 05.02.2019 including the entire proceedings of Criminal Case No. 11694 of 2019 (State vs. Shahzad and others) arising out of Case Crime No. 677 of 2018, under sections 3/5/8 of Cow Slaughter Act, 1955, Police Station-Kithore, District-Meerut, pending in the Court of learned Additional Civil Judge (J.D.)-VII Judgeship, Meerut as well as to stay the further proceedings of abovementioned case.

3. In compliance to the earlier direction, specific report has been received through Additional Civil Judge (J.D.), Court No. 2, Meerut forwarded by learned District Judge, Meerut through which it has been transpired that the applicant was not the person who had been implicated in Case Crime No. 677 of 2018 in pursuance to sections 3/5/8 of Cow Slaughter Act, 1955 registered at Police Station-Kithore, District-Meerut, whereas it was Nausher S/o Late Wasi who impostered himself as Shamsher S/o Late Wasi. It is the applicant whose name is Shamsher and for his livelihood, he is at present residing at Mumbai and once he applied for his passport, it has been revealed through police report that above mentioned case crime number is pending, wherein the applicant has been implicated as one of the co-accused. 3 A482 No. 43976 of 2024

4. After proper inspection of records, the applicant preferred instant application for seeking quashing of the entire proceedings arising out of Case Crime No. 677 of 2018, specifically against the name of Shamsher, since at no point of time, the applicant was ever arrested and extended bail and facing the trial, rather it is the real brother of Shamsher, whose name is Nausher, who is actually arrested and extended bail, which is crystal clear from thumb impression expert report received in compliance to earlier order.

5. Prayer as made through the instant application cannot be exceeded, since the matter is already been pending before the learned concerned court at District Meerut, wherein under the name of Shamsher, it is Nausher, who is facing trial.

6. Learned Chief Judicial Magistrate, Meerut is hereby directed to correct the name of accused in Case Crime No. 677 of 2018 as Nausher S/o Late Wasi in place of Shamsher S/o Late Wasi.

7. Although the fact has already been verified but only on the basis of thumb impression expert report, which is quite sufficient for arrival over the conclusion that there is hardly any role of Shamsher S/o Late Wasi in Case Crime no. 677 of 2018, whereas it is Nausher, who impostered himself as Shamsher, since both are sons of Late Wasi just to dodged the prosecution identity of Nausher as Shamsher has been identified by his Late father also.

8. No proceeding can be initiated against the dead person but the action of Nausher be further verified through local police station after conducting proper investigation, wherein report submitted by thumb impression expert also be considered and thereafter learned C.J.M., if satisfied, separate first information report be instituted against Nausher S/o Late Wasi R/o Village Bahroda, Police Station Kithore, Tehsil Mawana, District Meerut, since no person will be permitted to deviate the entire criminal proceedings at the behest of taking shelter of fake identity and the same must be taken into stringent action initiated at the behest of judicial authorities once the same has been brought to the knowledge of the same.

9. The above mentioned exercise shall be finalized within a period of one month and thereafter report through Registrar (Compliance).

10. Put up this matter as fresh on 22nd September, 2025.

11. So far as applicant is concerned, it has already been apprised by learned AGA that no other criminal history is credited against the applicant and as such the applicant need not to appear before any court of law in pursuance to Case Crime Nos. 0677 of 2018, 0350 of 4 A482 No. 43976 of 2024 2018 and 0019 of 2019.

12. However, it is made clear that above mentioned order will not preclude the authorities concerned to proceed against Shamsher if in any case his involvement may be found on the basis of evidence, if any, or this order will not come into the way before learned court concerned for proceeding against Shamsher, required on the basis of evidence/statement, if recorded up to the satisfaction of learned court concerned, till then applicant may not be treated as accused in respect of Case Crime Nos. 0677 of 2018, 0350 of 2018 and 0019 of 2019."

3. Shri Himanshu Shukla, Learned counsel for the applicant states that this Court vide earlier order dated 18.08.2025 was pleased to exempt the applicant from appearing before the concerned Court and had also directed that the applicant shall not be treated to be an accused in the above-mentioned case.

4. When the matter is called on today, Learned AGA has produced an FIR being FIR No.0444 of 2025 dated 26.09.2025, whereby, the police have lodged an FIR against five accused persons namely Nausher, Nagma, Sodan, Rabbani and Shahzada. A perusal of the FIR would indicate that the further investigation in Case Crime No.677 of 2018 has been concluded pursuant to the orders of this Court and it has been found that the accused Shamsher s/o Wasi was actually Nausher s/o Wasi. The accused Nagma, who portrayed herself to be wife of Shamsher, was actually wife of Nausher.

5. Learned counsel for the applicant, on the strength of this, contends that the applicant was never an accused in the case and this application may be disposed off in favour of the applicant.

6. Learned AGA also does not dispute the fact that presently it has been found in further investigation that it was actually Nausher, who had misrepresented himself to be Shamsher in order to dodge criminal prosecution.

7. As has been recorded above, this Court vide its order dated 18.08.2025 has already directed that the applicant shall not be treated to be an respect of Case Crime No.677/2018, Case Crime accused 5 A482 No. 43976 of 2024 No.0350/2018 and Case Crime No.0019/2019. Paragraph 12 of the earlier order dated 18.08.2025 also left it open to the authorities to proceed against Shamsher if his involvement is found during trial and this order would not come in the way for proceeding against Shamsher.

8. In such circumstances, keeping this case pending would not be appropriate as relief has already been granted to the applicant in the order dated 18.08.2025. Furthermore, in further investigation of Case Crime No.677/2018, the FIR against five accused persons named above has already been registered, which would be taken to its logical conclusion and no further direction is required from this Court.

9. No more direction/order is required to be passed in this case. This application is disposed off in terms of the earlier order dated 18.08.2025. December 1, 2025 A. Pandey (Rajiv Lochan Shukla,J.)

"1. In pursuance of earlier order dated 20.05.2025, Sri C.L. Chaudhary, learned AGA-I came up with instructions in shape of several documents such as recovery memo prepared at the time of arrest of the imposter Shamsher as alleged through instant application, certified photo of accused Shamsher who has been sent to District Jail, Meerut and documents submitted by Jailor, District Jail Meerut.

2. Recovery memo is having thumb impression of one Shamsher who had been arrested by concerned police authorities on dated 06.12.2018 which is available with records of learned court concerned.

3. Learned court of Additional Chief Judicial Magistrate-III, Meerut is hereby directed to receive thumb impression of applicant, namely, Shamsher S/o Wasi and get it matched with the thumb impression of alleged Shamsher who appeared before learned court concerned in pursuance of Criminal Case No.11694 of 2019 (State Vs. Shahzad and others), arising out of Case Crime No.677 of 2018, under Section 3/5/8 of Cow Slaughter Act, P.S. Kithore, District Meerut and after getting it verified in pursuance of thumb impression of both Shamsher (applicant in the present case) and Shamsher (who appeared before learned court concerned) with authorized Government Finger Print Expert, send report of the same to this Court through Registrar (Compliance).

4. Applicant herein is directed to put his thumb impression before learned court concerned on dated 02.06.2025.

5. The entire exercise as directed above, be completed within a period of four weeks from 2 A482 No. 43976 of 2024 today.

6. Put up this case on 04.07.2025 as fresh along with thumb impression report.

7. Till the next date of listing, no coercive action shall be initiated against applicant herein in pursuance of Criminal Case No.11694 of 2019 (State Vs. Shahzad and others), arising out of Case Crime No.677 of 2018, under Section 3/5/8 of Cow Slaughter Act, P.S. Kithore, District Meerut.

8. S.I. Rajkumar Gautam is exempted from his personal appearance.

9. Registrar (Compliance) is hereby directed to ensure service of this order upon learned court of Additional Chief Judicial Magistrate-III, Meerut within 24 hours for necessary compliance."

2. Following the earlier order, on 18.08.2025 this Court passed the following order:- "1. Heard Sri Narendra Mohan, learned counsel for the applicant and learned A.G.A. for the State.

2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 20.12.2018 as well as summoning/cognizance order dated 05.02.2019 including the entire proceedings of Criminal Case No. 11694 of 2019 (State vs. Shahzad and others) arising out of Case Crime No. 677 of 2018, under sections 3/5/8 of Cow Slaughter Act, 1955, Police Station-Kithore, District-Meerut, pending in the Court of learned Additional Civil Judge (J.D.)-VII Judgeship, Meerut as well as to stay the further proceedings of abovementioned case.

3. In compliance to the earlier direction, specific report has been received through Additional Civil Judge (J.D.), Court No. 2, Meerut forwarded by learned District Judge, Meerut through which it has been transpired that the applicant was not the person who had been implicated in Case Crime No. 677 of 2018 in pursuance to sections 3/5/8 of Cow Slaughter Act, 1955 registered at Police Station-Kithore, District-Meerut, whereas it was Nausher S/o Late Wasi who impostered himself as Shamsher S/o Late Wasi. It is the applicant whose name is Shamsher and for his livelihood, he is at present residing at Mumbai and once he applied for his passport, it has been revealed through police report that above mentioned case crime number is pending, wherein the applicant has been implicated as one of the co-accused. 3 A482 No. 43976 of 2024

4. After proper inspection of records, the applicant preferred instant application for seeking quashing of the entire proceedings arising out of Case Crime No. 677 of 2018, specifically against the name of Shamsher, since at no point of time, the applicant was ever arrested and extended bail and facing the trial, rather it is the real brother of Shamsher, whose name is Nausher, who is actually arrested and extended bail, which is crystal clear from thumb impression expert report received in compliance to earlier order.

5. Prayer as made through the instant application cannot be exceeded, since the matter is already been pending before the learned concerned court at District Meerut, wherein under the name of Shamsher, it is Nausher, who is facing trial.

6. Learned Chief Judicial Magistrate, Meerut is hereby directed to correct the name of accused in Case Crime No. 677 of 2018 as Nausher S/o Late Wasi in place of Shamsher S/o Late Wasi.

7. Although the fact has already been verified but only on the basis of thumb impression expert report, which is quite sufficient for arrival over the conclusion that there is hardly any role of Shamsher S/o Late Wasi in Case Crime no. 677 of 2018, whereas it is Nausher, who impostered himself as Shamsher, since both are sons of Late Wasi just to dodged the prosecution identity of Nausher as Shamsher has been identified by his Late father also.

8. No proceeding can be initiated against the dead person but the action of Nausher be further verified through local police station after conducting proper investigation, wherein report submitted by thumb impression expert also be considered and thereafter learned C.J.M., if satisfied, separate first information report be instituted against Nausher S/o Late Wasi R/o Village Bahroda, Police Station Kithore, Tehsil Mawana, District Meerut, since no person will be permitted to deviate the entire criminal proceedings at the behest of taking shelter of fake identity and the same must be taken into stringent action initiated at the behest of judicial authorities once the same has been brought to the knowledge of the same.

9. The above mentioned exercise shall be finalized within a period of one month and thereafter report through Registrar (Compliance).

10. Put up this matter as fresh on 22nd September, 2025.

11. So far as applicant is concerned, it has already been apprised by learned AGA that no other criminal history is credited against the applicant and as such the applicant need not to appear before any court of law in pursuance to Case Crime Nos. 0677 of 2018, 0350 of 4 A482 No. 43976 of 2024 2018 and 0019 of 2019.

12. However, it is made clear that above mentioned order will not preclude the authorities concerned to proceed against Shamsher if in any case his involvement may be found on the basis of evidence, if any, or this order will not come into the way before learned court concerned for proceeding against Shamsher, required on the basis of evidence/statement, if recorded up to the satisfaction of learned court concerned, till then applicant may not be treated as accused in respect of Case Crime Nos. 0677 of 2018, 0350 of 2018 and 0019 of 2019."

3. Shri Himanshu Shukla, Learned counsel for the applicant states that this Court vide earlier order dated 18.08.2025 was pleased to exempt the applicant from appearing before the concerned Court and had also directed that the applicant shall not be treated to be an accused in the above-mentioned case.

4. When the matter is called on today, Learned AGA has produced an FIR being FIR No.0444 of 2025 dated 26.09.2025, whereby, the police have lodged an FIR against five accused persons namely Nausher, Nagma, Sodan, Rabbani and Shahzada. A perusal of the FIR would indicate that the further investigation in Case Crime No.677 of 2018 has been concluded pursuant to the orders of this Court and it has been found that the accused Shamsher s/o Wasi was actually Nausher s/o Wasi. The accused Nagma, who portrayed herself to be wife of Shamsher, was actually wife of Nausher.

5. Learned counsel for the applicant, on the strength of this, contends that the applicant was never an accused in the case and this application may be disposed off in favour of the applicant.

6. Learned AGA also does not dispute the fact that presently it has been found in further investigation that it was actually Nausher, who had misrepresented himself to be Shamsher in order to dodge criminal prosecution.

7. As has been recorded above, this Court vide its order dated 18.08.2025 has already directed that the applicant shall not be treated to be an respect of Case Crime No.677/2018, Case Crime accused 5 A482 No. 43976 of 2024 No.0350/2018 and Case Crime No.0019/2019. Paragraph 12 of the earlier order dated 18.08.2025 also left it open to the authorities to proceed against Shamsher if his involvement is found during trial and this order would not come in the way for proceeding against Shamsher.

8. In such circumstances, keeping this case pending would not be appropriate as relief has already been granted to the applicant in the order dated 18.08.2025. Furthermore, in further investigation of Case Crime No.677/2018, the FIR against five accused persons named above has already been registered, which would be taken to its logical conclusion and no further direction is required from this Court.

9. No more direction/order is required to be passed in this case. This application is disposed off in terms of the earlier order dated 18.08.2025. December 1, 2025 A. Pandey (Rajiv Lochan Shukla,J.)