Prem Singh and another … v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko

"1. Heard Sri Salil Srivastava, learned Senior Advocate assisted by Sri Rahul Srivastava and Sri Karan Srivastava, learned counsel for the applicants and Sri Shiv Nath Tilhari, learned A.G.A. for the State.

2. This application has been filed with the following prayer:- "To quash the orders dated 25.09.2025 and 24.08.2023 passed by learned trial Court." 2 A482 No. - 9903 of 2025

3. Learned counsel for the applicants submits that the applicants are innocent persons, who do not have any criminal antecedent except the present case. The applicants were taken into custody. The charge-sheet was submitted in the year 2021. Later on, the applicants were enlarged on bail. The discharge application was filed before the competent Court by the applicants, which is pending and the same could not be disposed of on the ground that the prosecution informed to the Court that certain evidence are also being collected in further investigation against the applicant no.1. It is further submitted that the case in question was listed on 02.08.2023 before learned trial Court for disposal of the discharge application. The applicants were present before learned trial Court and the case was adjourned by learned trial Court fixing the date 06.09.2023. On the date fixed, it came into the notice of the applicants that on 03.08.2023, one application was placed before learned Magistrate for obtaining the voice sample of the applicant nos.1 & 2. Copy of the said application was never provided to the applicants and it was also not registered as miscellaneous application in the case in question. It was observed in cryptic manner by learned Special Chief Judicial Magistrate, Custom, Lucknow vide order dated

24.08.2023 mentioning therein. It is next submitted that it is obligatory on the part of the Presiding Officer that in a pending trial, in case any application is filed by any of the party, same should be registered as miscellaneous application, and appropriate order should be passed after giving proper opportunity of hearing to the parties. In the present case, foul play is being done by the concerned agency. It is lastly submitted that investigation of the crime is also pending against Bablu Gupta, one of the accused, who is also on bail, hence, indulgence of this Court is required. 3 A482 No. - 9903 of 2025

4. Sri Shiv Nath Tilhari, learned A.G.A. opposes the submissions of the applicants' counsel and submits that all these arguments can be raised before learned trial Court. However, he does not dispute the fact that in case in any pending trial, application is filed by any of the party, it is obligatory on the part of learned trial Court to register the said application as miscellaneous application and after giving the copy of the application to other side, same should be disposed of. Learned A.G.A. prays for some time.

5. List this case on 18.12.2025 at 2:30 P.M.

6. On the next date, Investigating Officer of the crime in question and Superintendent of Police/Monitoring Officer concerned shall appear in person before this Court to explain that under what circumstances, the investigation of the crime in question is pending since 2021 and shall also inform that why the copy of the application was not provided to the accused persons before moving to the Court concerned.

7. The trial Court is directed to inform that whether the application dated

03.08.2023 filed by the Investigating Officer in the trial in question was registered as miscellaneous application or not.

8. Senior Registrar of this Court is directed to communicate this order to District and Sessions Judge, Lucknow and the trial Court for necessary compliance, forthwith."

4. In pursuance of aforesaid order, Mr. Devesh Kumar Pandey, S.P., A.T.S., Mr. Sushil Kumar Singh, D.S.P./Monitoring Officer and Mr. Anand Kumar Tiwari, Inspector/Investigating Officer are present before this Court.

5. It is informed by the aforesaid Officers that the investigation of the case in question is going on since 2021 and charge sheet was submitted against 21 accused persons after the last arrest, which was conducted in the year 2023. It is also informed that the investigation against two persons is still pending as they are not 4 A482 No. - 9903 of 2025 cooperating for giving voice sample in pursuance of order dated

24.8.2023 passed by the learned court below.

6. Learned counsel for the applicants submits that charge sheet against the applicants was submitted in the year 2021 and they were enlarged on bail, but the trial against the applicants is still not going on. Thereafter, discharge application was filed by the applicants before the court below, but same is not being decided for the reason that prosecution informed to the court that certain evidences are also being collected in further investigation against the applicant no.1. Learned counsel for the applicants further submits that case in question was listed before the learned trial court for disposal of the discharge application on 2.8.2023, but the case was adjourned by fixing 6.9.2023. However, later on, it came into the notice of the applicant that on 3.8.2023, an application was placed before the court concerned by the prosecution for obtaining voice sample of the applicant. It is vehemently submitted that the copy of the said application was never provided to the applicants. Submissions of learned counsel for the applicants is that said application ought to have been registered as C.M. Application in the case in question, however, A.C.J.M. (Custom), Lucknow, in the cryptic manner, endorsed on the said application of the Investigating Officer dated 24.8.2023 'Swikrit/I.O. Niyamanusar Karryawahi Kare'.

7. In pursuance of the earlier order of this Court, the report furnished by Judicial Magistrate-I/A.T.S., Lucknow dated

17.12.2025 is also available on record, which clearly reveals that the said application filed for the voice sample was never registered as Misc. Application. 5 A482 No. - 9903 of 2025

8. The report of Judicial Magistrate I/A.T.S., Lucknow dated

17.12.2025 reads as under :-

9. Sri S.N. Tilhari, learned A.G.A. concedes that the discharge application of applicants is pending. He also submits that the 6 A482 No. - 9903 of 2025 investigation is going on, as the applicants are not cooperating in giving the voice sample. However, he does not dispute the fact that copy of the application, which was given before the learned Magistrate with the request for passing order in relation to collecting of voice sample, was not provided to the applicants.

10. Considering the submissions of learned counsel for the applicants, learned A.G.A and going through the contents of the application as well as other relevant documents, it is evident that the charge sheet against the applicant was submitted in the year 2021 and thereafter, they were enlarged on bail. It is further evident that the discharge application of the applicants is pending before the trial court below and the same is not being decided only on the ground that further investigation is going on. It is also evident that at the same time, an application was placed by the investigating agency on 3.8.2023 before trial court with the request that agency may be permitted to take voice sample of the applicants. Surprisingly, without registering the said application in accordance with the provisions of Rule 164 of General Rule (Criminal) 1977, the court concerned, in the most cryptic manner, mentioned on the said application 'Swikrit/I.O. Niyamanusar Karryawahi Kare'. Moreover, the copy of the said application was also not provided to the applicants. Judicial Magistrate-I/A.T.S., Lucknow also admitted in his report dated 17.12.2025 that said application was not registered.

11. In view of above facts and discussions, this Court is of the considered view that without registering the said application as well as giving copy of the same to the other side, the endorsement made by the learned Magistrate in the cryptic manner 'Swikrit/I.O. Niyamanusar Karryawahi Kare' is bad in the eyes of law. 7 A482 No. - 9903 of 2025 In such circumstances, the present application is allowed and order dated 24.8.2023 and its consequential order dated

25.9.2025 are hereby set aside.

12. It is open to the Investigating Agency to move fresh application in accordance with the law. Needless to say that the same be decided only after giving opportunity of hearing to the other side.

13. Trial Court is also directed to decide the discharge application on the basis of evidences available on the record within a period of one month from the date of production of a certified copy of this order.

14. The Senior Registrar of this Court is directed to communicate this order to the court concerned for necessary compliance, forthwith.

15. However, before parting with the judgment, this Court deems it necessary to direct the Registrar General of this Court to issue direction that every application filed by the Investigating Officer or any other authority before the Presiding Officer of the District Courts be registered in accordance with the provisions of Section 164 of General Rule (Criminal), 1977 and the same shall be decided by the court concerned only after giving a copy of the same to the other side as also the opportunity of hearing to either side. Further, the courts shall not pass any order in cryptic manner. It is also ensured that every such orders passed on the Misc. Applications be entered in the order sheet of the case and also upload on the digital portal. December 18, 2025/Gaurav (Rajeev Singh,J.)

"1. Heard Sri Salil Srivastava, learned Senior Advocate assisted by Sri Rahul Srivastava and Sri Karan Srivastava, learned counsel for the applicants and Sri Shiv Nath Tilhari, learned A.G.A. for the State.

2. This application has been filed with the following prayer:- "To quash the orders dated 25.09.2025 and 24.08.2023 passed by learned trial Court." 2 A482 No. - 9903 of 2025

3. Learned counsel for the applicants submits that the applicants are innocent persons, who do not have any criminal antecedent except the present case. The applicants were taken into custody. The charge-sheet was submitted in the year 2021. Later on, the applicants were enlarged on bail. The discharge application was filed before the competent Court by the applicants, which is pending and the same could not be disposed of on the ground that the prosecution informed to the Court that certain evidence are also being collected in further investigation against the applicant no.1. It is further submitted that the case in question was listed on 02.08.2023 before learned trial Court for disposal of the discharge application. The applicants were present before learned trial Court and the case was adjourned by learned trial Court fixing the date 06.09.2023. On the date fixed, it came into the notice of the applicants that on 03.08.2023, one application was placed before learned Magistrate for obtaining the voice sample of the applicant nos.1 & 2. Copy of the said application was never provided to the applicants and it was also not registered as miscellaneous application in the case in question. It was observed in cryptic manner by learned Special Chief Judicial Magistrate, Custom, Lucknow vide order dated

24.08.2023 mentioning therein. It is next submitted that it is obligatory on the part of the Presiding Officer that in a pending trial, in case any application is filed by any of the party, same should be registered as miscellaneous application, and appropriate order should be passed after giving proper opportunity of hearing to the parties. In the present case, foul play is being done by the concerned agency. It is lastly submitted that investigation of the crime is also pending against Bablu Gupta, one of the accused, who is also on bail, hence, indulgence of this Court is required. 3 A482 No. - 9903 of 2025

4. Sri Shiv Nath Tilhari, learned A.G.A. opposes the submissions of the applicants' counsel and submits that all these arguments can be raised before learned trial Court. However, he does not dispute the fact that in case in any pending trial, application is filed by any of the party, it is obligatory on the part of learned trial Court to register the said application as miscellaneous application and after giving the copy of the application to other side, same should be disposed of. Learned A.G.A. prays for some time.

5. List this case on 18.12.2025 at 2:30 P.M.

6. On the next date, Investigating Officer of the crime in question and Superintendent of Police/Monitoring Officer concerned shall appear in person before this Court to explain that under what circumstances, the investigation of the crime in question is pending since 2021 and shall also inform that why the copy of the application was not provided to the accused persons before moving to the Court concerned.

7. The trial Court is directed to inform that whether the application dated

03.08.2023 filed by the Investigating Officer in the trial in question was registered as miscellaneous application or not.

8. Senior Registrar of this Court is directed to communicate this order to District and Sessions Judge, Lucknow and the trial Court for necessary compliance, forthwith."

4. In pursuance of aforesaid order, Mr. Devesh Kumar Pandey, S.P., A.T.S., Mr. Sushil Kumar Singh, D.S.P./Monitoring Officer and Mr. Anand Kumar Tiwari, Inspector/Investigating Officer are present before this Court.

5. It is informed by the aforesaid Officers that the investigation of the case in question is going on since 2021 and charge sheet was submitted against 21 accused persons after the last arrest, which was conducted in the year 2023. It is also informed that the investigation against two persons is still pending as they are not 4 A482 No. - 9903 of 2025 cooperating for giving voice sample in pursuance of order dated

24.8.2023 passed by the learned court below.

6. Learned counsel for the applicants submits that charge sheet against the applicants was submitted in the year 2021 and they were enlarged on bail, but the trial against the applicants is still not going on. Thereafter, discharge application was filed by the applicants before the court below, but same is not being decided for the reason that prosecution informed to the court that certain evidences are also being collected in further investigation against the applicant no.1. Learned counsel for the applicants further submits that case in question was listed before the learned trial court for disposal of the discharge application on 2.8.2023, but the case was adjourned by fixing 6.9.2023. However, later on, it came into the notice of the applicant that on 3.8.2023, an application was placed before the court concerned by the prosecution for obtaining voice sample of the applicant. It is vehemently submitted that the copy of the said application was never provided to the applicants. Submissions of learned counsel for the applicants is that said application ought to have been registered as C.M. Application in the case in question, however, A.C.J.M. (Custom), Lucknow, in the cryptic manner, endorsed on the said application of the Investigating Officer dated 24.8.2023 'Swikrit/I.O. Niyamanusar Karryawahi Kare'.

7. In pursuance of the earlier order of this Court, the report furnished by Judicial Magistrate-I/A.T.S., Lucknow dated

17.12.2025 is also available on record, which clearly reveals that the said application filed for the voice sample was never registered as Misc. Application. 5 A482 No. - 9903 of 2025

8. The report of Judicial Magistrate I/A.T.S., Lucknow dated

17.12.2025 reads as under :-

9. Sri S.N. Tilhari, learned A.G.A. concedes that the discharge application of applicants is pending. He also submits that the 6 A482 No. - 9903 of 2025 investigation is going on, as the applicants are not cooperating in giving the voice sample. However, he does not dispute the fact that copy of the application, which was given before the learned Magistrate with the request for passing order in relation to collecting of voice sample, was not provided to the applicants.

10. Considering the submissions of learned counsel for the applicants, learned A.G.A and going through the contents of the application as well as other relevant documents, it is evident that the charge sheet against the applicant was submitted in the year 2021 and thereafter, they were enlarged on bail. It is further evident that the discharge application of the applicants is pending before the trial court below and the same is not being decided only on the ground that further investigation is going on. It is also evident that at the same time, an application was placed by the investigating agency on 3.8.2023 before trial court with the request that agency may be permitted to take voice sample of the applicants. Surprisingly, without registering the said application in accordance with the provisions of Rule 164 of General Rule (Criminal) 1977, the court concerned, in the most cryptic manner, mentioned on the said application 'Swikrit/I.O. Niyamanusar Karryawahi Kare'. Moreover, the copy of the said application was also not provided to the applicants. Judicial Magistrate-I/A.T.S., Lucknow also admitted in his report dated 17.12.2025 that said application was not registered.

11. In view of above facts and discussions, this Court is of the considered view that without registering the said application as well as giving copy of the same to the other side, the endorsement made by the learned Magistrate in the cryptic manner 'Swikrit/I.O. Niyamanusar Karryawahi Kare' is bad in the eyes of law. 7 A482 No. - 9903 of 2025 In such circumstances, the present application is allowed and order dated 24.8.2023 and its consequential order dated

25.9.2025 are hereby set aside.

12. It is open to the Investigating Agency to move fresh application in accordance with the law. Needless to say that the same be decided only after giving opportunity of hearing to the other side.

13. Trial Court is also directed to decide the discharge application on the basis of evidences available on the record within a period of one month from the date of production of a certified copy of this order.

14. The Senior Registrar of this Court is directed to communicate this order to the court concerned for necessary compliance, forthwith.

15. However, before parting with the judgment, this Court deems it necessary to direct the Registrar General of this Court to issue direction that every application filed by the Investigating Officer or any other authority before the Presiding Officer of the District Courts be registered in accordance with the provisions of Section 164 of General Rule (Criminal), 1977 and the same shall be decided by the court concerned only after giving a copy of the same to the other side as also the opportunity of hearing to either side. Further, the courts shall not pass any order in cryptic manner. It is also ensured that every such orders passed on the Misc. Applications be entered in the order sheet of the case and also upload on the digital portal. December 18, 2025/Gaurav (Rajeev Singh,J.)