State of U.P. and Another v. Party

1. Heard Sri Ramesh Chandra Agrahari, learned counsel for the applicants, Sri S.K. Singh, learned A.G.A. for the State and Sri Rakesh Dubey, learned counsel for O.P. No.2.

2. A joint statement has been made by the counsel for the parties that no further affidavits are to be filed, and the application be decided on the basis of the documents available on record.

3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the charge sheet dated 16.04.2019 as well as entire criminal proceeding of Special Case No. 5707 of 2019 (State Vs. Mohd. Asim and others) arising out of Case Crime No.1340 of 2018, under Sections 147, 341, 323, 325, 504, 506 IPC and Section 3(1)(Da) and 3(1)(Dha) SC/ST Act, pending in the court of Special Judge, SC/ST Act, Kanpur Nagar.

3. The case of the applicant is that a first information report came to be lodged by the O.P. No.2 against the applicants, who are five in number along with three others being FIR No.1340 of 2018 dated 19.12.2018 at 20:15 hours before P.S. Chakeri, District Kanpur Nagar, under Sections 420, 467, 468, 471, 147, 341, 323, 325, 504, 506 IPC read with Sections 3(1)(Da) and 3(1)(Dha) SC/ST Act with an allegation that the O.P. No.2 is the resident of the place known as Chakeri and he has certain ancestral land, which is basically the basis of his livelihood and however, the said land is a eye-sour of the gangsters, who presently are the applicants herein, who want to one way or the other encroach upon it and to dispossess the O.P. No.2 and in this 2 A482 No. 30473 of 2019 regard the allegation is that the applicants herein have committed fraud with the father of the O.P. No.2 and O.P. no.2 while making fraudulent records and created obstacles in possession, a complaint came to be lodged before the District Administration and on the said information on 22.10.2018 at 05:00 near place mentioned in the FIR, the O.P. No.2's way was obstructed, threatening to murder them was made and the O.P. no.2 was administered beating, pursuant whereto his right hand occasioned fracture and on

21.11.2018, the applicants herein used caste-based abuses and threatened that in case the O.P. No.2 is to do pairvi of the case threatening to the land that he will be done to death. Post recording of the statement under Section 161 of CrPC, the charge sheet came to be submitted on 16.04.2019 under Sections 147, 341, 323, 325, 504, 506 IPC read with Section 3(1)(Da) and 3(1)(Dha) SC/ST Act, P.S. Chakeri, District Kanpur Nagar.

4. Questioning the same, the present application has been preferred.

5. Learned counsel for the applicants has submitted that the applicants have been falsely implicated for the simple reason that though the incident is stated to be dated 22.10.2018 and 21.11.2018, however, the first information report stood lodged on 19.12.2018. Further submission is that though the investigating officer sought furnishing of the medical report showing the injuries but while inviting attention towards page-117 of the paper-book, it is contended that on 17.11.2018, a medical report came to be submitted from the medical institute being "Manyavar Kanshiram Sanyukt Chikitsalaya Evam, Trauma Centre, Kanpur", wherein the injuries were shown to be nill and thereafter all of a sudden while inviting attention towards page-122 of the paper-book it is contended that on 02.04.2019, a medical report came to be submitted wherein fracture was shown to be of right hand. Learned counsel for the applicants submits that it is improbable and beyond comprehension and imagination that with respect to an incident dated

22.10.2018, the medical practitioner/doctor would conduct medical test on 02.04.2019. Submission is that the entire prosecution theory is based upon forged and fictitious documents and the entire investigation culminating into submission of charge sheet is a farce. learned counsel for the applicants has further invited attention of the Court towards page 131 of the paper-book so as to contend that a registered sale deed came to be executed by the father of O.P. No.2 in favour of Santosh Pandey and in the said sale deed while inviting attention towards page-135 it is contended that the O.P. no.2 was a witness and so much so a registered sale deed by virtue of a registered power 3 A482 No. 30473 of 2019 of attorney came to be executed by Smt. Suman Devi being the sister of the father of the applicant, in which also the O.P. no.2 was a witness. Submission is that the applicants at no point of time were even instrumental in aiding to commit the said offence, particularly when whatever transactions of the land took place, they were inter se between the parties, to which the applicants had no connection whatsoever. Learned counsel for the applicants further as per the instructions submits that the applicant shall be filing a discharge application.

6. Learned A.G.A. as well as learned counsel for O.P. No.2 on the other hand submit that a perusal of the first information report would make it more than evident that offences are made out and post-investigation, a charge sheet came to be submitted. Merely because it is the allegations of the counsel for the applicants that there is delay in the medical showing the fracture on the right hand pursuant to the medical report dated 02.04.2019, cannot be a ground to hold the proceedings to be bad, particularly when its impact and ramification is to be seen when the trial commences, particularly when there is no material contradictions or variations in the statements. He has invited attention of the Court towards various paragraphs of the application so as to contend that the applicants possess criminal antecedent and as a matter of fact, it has become their normal routine to commit offences and to grab land. He however submits that the O.P. No.2 belongs to reserved category and offences under SC/ST Act have also been commmitted. They further submit that once the applicants seek to file discharge application, they have no objection.

7. Considering the submissions so made across the Bar and looking into the nature of allegations and stands of the parties, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 15.11.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition.

8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to charge sheet dated 16.04.2019 as well as entire criminal proceeding of Special Case No. 5707 of 2019 (State Vs. Mohd. Asim and others) arising out of Case Crime No.1340 of 2018, under Sections 147, 341, 323, 325, 504, 506 IPC and Section 3(1)(Da) and 3(1)(Dha) SC/ST Act, pending in the court of Special Judge, SC/ST Act, Kanpur Nagar. 4 A482 No. 30473 of 2019

9. The protection accorded to the applicants is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. October 6, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

1. Heard Sri Ramesh Chandra Agrahari, learned counsel for the applicants, Sri S.K. Singh, learned A.G.A. for the State and Sri Rakesh Dubey, learned counsel for O.P. No.2.

2. A joint statement has been made by the counsel for the parties that no further affidavits are to be filed, and the application be decided on the basis of the documents available on record.

3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the charge sheet dated 16.04.2019 as well as entire criminal proceeding of Special Case No. 5707 of 2019 (State Vs. Mohd. Asim and others) arising out of Case Crime No.1340 of 2018, under Sections 147, 341, 323, 325, 504, 506 IPC and Section 3(1)(Da) and 3(1)(Dha) SC/ST Act, pending in the court of Special Judge, SC/ST Act, Kanpur Nagar.

3. The case of the applicant is that a first information report came to be lodged by the O.P. No.2 against the applicants, who are five in number along with three others being FIR No.1340 of 2018 dated 19.12.2018 at 20:15 hours before P.S. Chakeri, District Kanpur Nagar, under Sections 420, 467, 468, 471, 147, 341, 323, 325, 504, 506 IPC read with Sections 3(1)(Da) and 3(1)(Dha) SC/ST Act with an allegation that the O.P. No.2 is the resident of the place known as Chakeri and he has certain ancestral land, which is basically the basis of his livelihood and however, the said land is a eye-sour of the gangsters, who presently are the applicants herein, who want to one way or the other encroach upon it and to dispossess the O.P. No.2 and in this 2 A482 No. 30473 of 2019 regard the allegation is that the applicants herein have committed fraud with the father of the O.P. No.2 and O.P. no.2 while making fraudulent records and created obstacles in possession, a complaint came to be lodged before the District Administration and on the said information on 22.10.2018 at 05:00 near place mentioned in the FIR, the O.P. No.2's way was obstructed, threatening to murder them was made and the O.P. no.2 was administered beating, pursuant whereto his right hand occasioned fracture and on

21.11.2018, the applicants herein used caste-based abuses and threatened that in case the O.P. No.2 is to do pairvi of the case threatening to the land that he will be done to death. Post recording of the statement under Section 161 of CrPC, the charge sheet came to be submitted on 16.04.2019 under Sections 147, 341, 323, 325, 504, 506 IPC read with Section 3(1)(Da) and 3(1)(Dha) SC/ST Act, P.S. Chakeri, District Kanpur Nagar.

4. Questioning the same, the present application has been preferred.

5. Learned counsel for the applicants has submitted that the applicants have been falsely implicated for the simple reason that though the incident is stated to be dated 22.10.2018 and 21.11.2018, however, the first information report stood lodged on 19.12.2018. Further submission is that though the investigating officer sought furnishing of the medical report showing the injuries but while inviting attention towards page-117 of the paper-book, it is contended that on 17.11.2018, a medical report came to be submitted from the medical institute being "Manyavar Kanshiram Sanyukt Chikitsalaya Evam, Trauma Centre, Kanpur", wherein the injuries were shown to be nill and thereafter all of a sudden while inviting attention towards page-122 of the paper-book it is contended that on 02.04.2019, a medical report came to be submitted wherein fracture was shown to be of right hand. Learned counsel for the applicants submits that it is improbable and beyond comprehension and imagination that with respect to an incident dated

22.10.2018, the medical practitioner/doctor would conduct medical test on 02.04.2019. Submission is that the entire prosecution theory is based upon forged and fictitious documents and the entire investigation culminating into submission of charge sheet is a farce. learned counsel for the applicants has further invited attention of the Court towards page 131 of the paper-book so as to contend that a registered sale deed came to be executed by the father of O.P. No.2 in favour of Santosh Pandey and in the said sale deed while inviting attention towards page-135 it is contended that the O.P. no.2 was a witness and so much so a registered sale deed by virtue of a registered power 3 A482 No. 30473 of 2019 of attorney came to be executed by Smt. Suman Devi being the sister of the father of the applicant, in which also the O.P. no.2 was a witness. Submission is that the applicants at no point of time were even instrumental in aiding to commit the said offence, particularly when whatever transactions of the land took place, they were inter se between the parties, to which the applicants had no connection whatsoever. Learned counsel for the applicants further as per the instructions submits that the applicant shall be filing a discharge application.

6. Learned A.G.A. as well as learned counsel for O.P. No.2 on the other hand submit that a perusal of the first information report would make it more than evident that offences are made out and post-investigation, a charge sheet came to be submitted. Merely because it is the allegations of the counsel for the applicants that there is delay in the medical showing the fracture on the right hand pursuant to the medical report dated 02.04.2019, cannot be a ground to hold the proceedings to be bad, particularly when its impact and ramification is to be seen when the trial commences, particularly when there is no material contradictions or variations in the statements. He has invited attention of the Court towards various paragraphs of the application so as to contend that the applicants possess criminal antecedent and as a matter of fact, it has become their normal routine to commit offences and to grab land. He however submits that the O.P. No.2 belongs to reserved category and offences under SC/ST Act have also been commmitted. They further submit that once the applicants seek to file discharge application, they have no objection.

7. Considering the submissions so made across the Bar and looking into the nature of allegations and stands of the parties, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 15.11.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition.

8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to charge sheet dated 16.04.2019 as well as entire criminal proceeding of Special Case No. 5707 of 2019 (State Vs. Mohd. Asim and others) arising out of Case Crime No.1340 of 2018, under Sections 147, 341, 323, 325, 504, 506 IPC and Section 3(1)(Da) and 3(1)(Dha) SC/ST Act, pending in the court of Special Judge, SC/ST Act, Kanpur Nagar. 4 A482 No. 30473 of 2019

9. The protection accorded to the applicants is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. October 6, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad