State of U.P. and Another v. Party

No.2 lodged an FIR i.e. Case Crime No. 0330 of 2018 under Sections 147, 148, 307, 452, 323, 504, 506 IPC, Police Station-Achhnera, District- Agra against five named accused persons. (i) Ravi, son of Ramesh (ii) Anek @ Annu, son of Ramesh (iii) Rishi Pal, son of Ramesh (iv) Manto @ Mukesh, son of Ramesh 2 NA528 No. 23200 of 2025 (v) Dhanpal, son of Harjeet

5. After the investigation, the charge-sheet was submitted against Ravi under Sections 147, 148, 307, 323, 325, 504 and 506 IPC against Anek @ Annu, Rishipal, Manto @ Mukesh and Dhanpal under Sections 147, 148, 323, 325, 504, 506 IPC.

6. On 22.10.2018, the learned Magistrate took cognizance and the summoning order was issued against all five charge-sheeted accused.

7. During the Court proceedings, only four accused appeared before the learned Magistrate except Ravi who was absconding.

8. In the meantime, the opposite party No. 2 filed a petition under Section 483 No. 532 of 2022 before the Hon'ble High Court for the expeditious disposal of the proceeding of Case No. 6908198/2018, pending in the Court of Additional Chief Judicial Magistrate-X, Agra as the same was not committed to the Court of Sessions as the accused Ravi was absconding wherein following order dated 04.04.2023 was passed:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. This application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to hear and decide the Case No. 8198 of 2018, in Case Crime No. 330 of 2018, under Sections 147, 148, 307, 323, 325, 504, 506 I.P.C., Police Station Achnera, District Agra pending before the learned Additional Chief Judicial Magistrate, Court No. 13, District Deoria expeditiously within short span of time. Learned counsel for the applicant states that he has proceeded to issue a necessary direction to the court concerned to decide the case within stipulated period. He also submitted that in the present charge sheet was filed on 27.09.2018. The accused person has put his appearance in this case except Ravi, who has still not appeared. No effective proceedings are being taken in this case. Due to non appearance of the accused persons against whom N.B.W. were issued for so many time. From the 3 NA528 No. 23200 of 2025 perusal of the order sheet, it appears that case is fixed for appearance, hence a direction may be issued to the court below to decide the same expeditiously. It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of one year without permitting undue adjournments to either side, if there is no legal impediment. With this direction, this application is disposed of."

9. In pursuance of the aforesaid order, the learned Additional Chief Judicial Magistrate-10th, Agra passed an order dated 23.10.2024 issuing non-bailable warrant and initiated proceedings under Section 82 Cr.P.C. against Ravi, who was absconding.

10. When the local police arrested Ravi, the applicant's elder brother Manto @ Mukesh @ Mukendra raised an objection that he was not Ravi but was Manto @ Mukendra and was wrongly mentioned in the First Information Report as Manto alias Mukesh. As there was ambiguity in identifying the accused Ravi, therefore, the arrested person was released on personal bond and direction was given to further investigate the identity.

11. During further investigation, the local police recorded the statement of first informant and other independent witnesses, namely, Rakesh Kumar, Rahul, Chhotu Sharma, Ram Prakash, Krishna Murari Sharma and Rajan Singh and submitted a police report on 11.12.2024 stating that accused Ravi alias Mukendra Singh, son of Ramesh Singh was one person and the accused Manto alias Satya Prakash, son of Ramesh Chandra was another person. Thus, both the persons were separate accused persons.

12. Considering the aforesaid report, the learned Additional Chief Judicial Magistrate, Court No. 10, Agra, vide its order dated 20.12.2024, stated that Ravi alias Mukendra Singh had been continuously trying to mislead and misguide the Court for several years by proving himself that he was Mukendra alias Manto and was not Ravi. In fact, Mukendra is the nick name of Ravi. It was further observed by the learned Magistrate that as the cognizance was already taken on 22.10.2018, therefore, the name of Ravi shall be read as Ravi alias Mukendra and the accused Manto alias 4 NA528 No. 23200 of 2025 Mukesh shall be read as Manto alias Satya Prakash. In the said order, it also stated that Ravi alias Mukendra has obtained the bail under sections 147, 148, 324, 325, 504, 323, 506 IPC but has not obtained bail under section 307 IPC due to which the matter could not be committed to the Sessions Court. Ravi alias Mukendra was given an opportunity to move his bail application under Section 307 IPC and accused Manto alias Satya Prakash (applicant) was summoned to face the trial.

13. The main contention of learned counsel for the applicant is that the applicant has no concern with the alleged offence and has been unnecessarily roped in Case Crime No. 0330 of 2018, under Sections 147, 148, 307,452, 323, 504, 506 IPC, Police Station Achhnera, District Agra.

14. It has been contended that applicant is Satya Prakash and has no alias (sub-title) "Manto". The applicant was neither named in the First Information Report nor has been charge-sheeted nor has been named by any person whose statements were recorded by the Investigating Officer nor any cognizance order has been passed nor summoning order has been issued.

15. It has further been submitted that the applicant has been summoned in an arbitrary manner and without application of judicial mind by modifying the cognizance order dated 22.10.2018. It has further been contended that no supplementary charge sheet has been submitted by the Investigating Officer.

16. Per contra, learned counsel for the opposite party No. 2 and learned A.G.A. for the State have opposed the aforesaid contentions on the ground that Ravi, Anek @ Annu, Rishipal and Manto @ Mukesh are real brothers. As Ravi was charge-sheeted under Section 307 IPC, therefore, was evading the process. When the non-bailable warrant and proceedings under Section 82 Cr.P.C. were initiated against Ravi, the police produced Mukendra alias Manto alias Mukesh as Ravi. As there was ambiguity in identifying the accused Ravi, therefore, the arrested person was released on his filing the personal bond.

17. In the second round of endeavour for further investigation, the police recorded the statement of first informant and other independent witnesses, 5 NA528 No. 23200 of 2025 namely, Rakesh Kumar, Rahul, Chhotu Sharma, Ram Prakash, Krishna Murari Sharma and Rajan Singh and submitted a police report on

11.12.2024 disclosing that Ramesh had total eight children, namely,

1. Ravi @ Mukendra Singh, s/o Ramesh

2. Sattu @ Satyaveer , s/o Rramesh

3. Anek Singh@ Annu, s/o Ramesh

4. Khoda @ Amardeep, s/o Ramesh

5. Pappi @ Sanjaydeep , s/o Ramesh

6. Rishi @ Rishipal, s/o Ramesh 7 Manto @ mukesh @ Satyaprakash, s/o Ramesh

8. Rani @ Priyanka, d/o Ramesh

18. The accused Ravi alias Mukendra Singh, son of Ramesh Singh was one person and the accused Manto alias Satya Prakash, son of Ramesh Chandra was another person. Thus, both the persons were separate accused persons.

19. Upon hearing learned counsel for the parties and from the perusal of records, it can be discerned that initially FIR was registered against Manto alias Mukesh, however, in the Tehrir of the said FIR, the name was mentioned as Manto alias Mukendra. The charge-sheet was also submitted against Manto alias Mukesh and the cognizance and the summoning order was also issued against Manto alias Mukesh. The name Manto alias Mukendra is only found in the Tehrir of the FIR and was never charge sheeted nor cognizance was taken against him. The applicant used this name to mislead the police officers and the court to escape him from the court proceedings. When the co-accused Ravi did not appear in the court proceedings, the non-bailable warrant and the proceedings under section 82 Cr.P.C. were initiated against Ravi. The police produced Mukesh alias Mukendra alias Manto as Ravi. Thereafter Manto alias Mukendra raised an objection that he was not Ravi and was wrongly arrested by the police. The said arrested person was released on 6 NA528 No. 23200 of 2025 personal bond. Thereafter during further investigation the statement of the first informant and several independent witnesses were recorded who clarified that Ravi was having the nick name (sub title) as 'Mukendra' and the family register indicated that Manto was having the nick name (sub title) as 'Satya Prakash'. The record also indicates that no bail application was ever filed by Manto alias Mukesh rather the bail application was filed by the name of Manto alias Mukendra (as mentioned in the Tehrir) which created uncertainty and doubt in identifying the two accused. The person arrested by the local police as Ravi tried to mislead and misguide the Court by stating that his name was Manto alias Mukesh alias Mukendra.

20. Thus, the applicant Manto bears the sub title as Satya Prakash and was already named in the FIR. The co-accused Ravi bears the sub title as ‘Mukendra’.

21. Accordingly, the learned Chief Judicial Magistrate, Court No. 10, Agra, vide the order impugned dated 20.12.2024, had rightly rectified the order taking cognizance dated 22.10.2018 clarifying that the name of accused Ravi be read as Ravi @ Mukendra and the accused Manto @ Mukesh be read as Manto @ Satya Prakash. As the complicity of the applicant Manto @ Satya Prakash was already found and the cognizance has been taken, therefore, there is no merit in the matter. The application under Section 528 BNSS is hereby dismissed. September 24, 2025 Puspendra (Nand Prabha Shukla,J.) PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

No.2 lodged an FIR i.e. Case Crime No. 0330 of 2018 under Sections 147, 148, 307, 452, 323, 504, 506 IPC, Police Station-Achhnera, District- Agra against five named accused persons. (i) Ravi, son of Ramesh (ii) Anek @ Annu, son of Ramesh (iii) Rishi Pal, son of Ramesh (iv) Manto @ Mukesh, son of Ramesh 2 NA528 No. 23200 of 2025 (v) Dhanpal, son of Harjeet

5. After the investigation, the charge-sheet was submitted against Ravi under Sections 147, 148, 307, 323, 325, 504 and 506 IPC against Anek @ Annu, Rishipal, Manto @ Mukesh and Dhanpal under Sections 147, 148, 323, 325, 504, 506 IPC.

6. On 22.10.2018, the learned Magistrate took cognizance and the summoning order was issued against all five charge-sheeted accused.

7. During the Court proceedings, only four accused appeared before the learned Magistrate except Ravi who was absconding.

8. In the meantime, the opposite party No. 2 filed a petition under Section 483 No. 532 of 2022 before the Hon'ble High Court for the expeditious disposal of the proceeding of Case No. 6908198/2018, pending in the Court of Additional Chief Judicial Magistrate-X, Agra as the same was not committed to the Court of Sessions as the accused Ravi was absconding wherein following order dated 04.04.2023 was passed:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. This application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to hear and decide the Case No. 8198 of 2018, in Case Crime No. 330 of 2018, under Sections 147, 148, 307, 323, 325, 504, 506 I.P.C., Police Station Achnera, District Agra pending before the learned Additional Chief Judicial Magistrate, Court No. 13, District Deoria expeditiously within short span of time. Learned counsel for the applicant states that he has proceeded to issue a necessary direction to the court concerned to decide the case within stipulated period. He also submitted that in the present charge sheet was filed on 27.09.2018. The accused person has put his appearance in this case except Ravi, who has still not appeared. No effective proceedings are being taken in this case. Due to non appearance of the accused persons against whom N.B.W. were issued for so many time. From the 3 NA528 No. 23200 of 2025 perusal of the order sheet, it appears that case is fixed for appearance, hence a direction may be issued to the court below to decide the same expeditiously. It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of one year without permitting undue adjournments to either side, if there is no legal impediment. With this direction, this application is disposed of."

9. In pursuance of the aforesaid order, the learned Additional Chief Judicial Magistrate-10th, Agra passed an order dated 23.10.2024 issuing non-bailable warrant and initiated proceedings under Section 82 Cr.P.C. against Ravi, who was absconding.

10. When the local police arrested Ravi, the applicant's elder brother Manto @ Mukesh @ Mukendra raised an objection that he was not Ravi but was Manto @ Mukendra and was wrongly mentioned in the First Information Report as Manto alias Mukesh. As there was ambiguity in identifying the accused Ravi, therefore, the arrested person was released on personal bond and direction was given to further investigate the identity.

11. During further investigation, the local police recorded the statement of first informant and other independent witnesses, namely, Rakesh Kumar, Rahul, Chhotu Sharma, Ram Prakash, Krishna Murari Sharma and Rajan Singh and submitted a police report on 11.12.2024 stating that accused Ravi alias Mukendra Singh, son of Ramesh Singh was one person and the accused Manto alias Satya Prakash, son of Ramesh Chandra was another person. Thus, both the persons were separate accused persons.

12. Considering the aforesaid report, the learned Additional Chief Judicial Magistrate, Court No. 10, Agra, vide its order dated 20.12.2024, stated that Ravi alias Mukendra Singh had been continuously trying to mislead and misguide the Court for several years by proving himself that he was Mukendra alias Manto and was not Ravi. In fact, Mukendra is the nick name of Ravi. It was further observed by the learned Magistrate that as the cognizance was already taken on 22.10.2018, therefore, the name of Ravi shall be read as Ravi alias Mukendra and the accused Manto alias 4 NA528 No. 23200 of 2025 Mukesh shall be read as Manto alias Satya Prakash. In the said order, it also stated that Ravi alias Mukendra has obtained the bail under sections 147, 148, 324, 325, 504, 323, 506 IPC but has not obtained bail under section 307 IPC due to which the matter could not be committed to the Sessions Court. Ravi alias Mukendra was given an opportunity to move his bail application under Section 307 IPC and accused Manto alias Satya Prakash (applicant) was summoned to face the trial.

13. The main contention of learned counsel for the applicant is that the applicant has no concern with the alleged offence and has been unnecessarily roped in Case Crime No. 0330 of 2018, under Sections 147, 148, 307,452, 323, 504, 506 IPC, Police Station Achhnera, District Agra.

14. It has been contended that applicant is Satya Prakash and has no alias (sub-title) "Manto". The applicant was neither named in the First Information Report nor has been charge-sheeted nor has been named by any person whose statements were recorded by the Investigating Officer nor any cognizance order has been passed nor summoning order has been issued.

15. It has further been submitted that the applicant has been summoned in an arbitrary manner and without application of judicial mind by modifying the cognizance order dated 22.10.2018. It has further been contended that no supplementary charge sheet has been submitted by the Investigating Officer.

16. Per contra, learned counsel for the opposite party No. 2 and learned A.G.A. for the State have opposed the aforesaid contentions on the ground that Ravi, Anek @ Annu, Rishipal and Manto @ Mukesh are real brothers. As Ravi was charge-sheeted under Section 307 IPC, therefore, was evading the process. When the non-bailable warrant and proceedings under Section 82 Cr.P.C. were initiated against Ravi, the police produced Mukendra alias Manto alias Mukesh as Ravi. As there was ambiguity in identifying the accused Ravi, therefore, the arrested person was released on his filing the personal bond.

17. In the second round of endeavour for further investigation, the police recorded the statement of first informant and other independent witnesses, 5 NA528 No. 23200 of 2025 namely, Rakesh Kumar, Rahul, Chhotu Sharma, Ram Prakash, Krishna Murari Sharma and Rajan Singh and submitted a police report on

11.12.2024 disclosing that Ramesh had total eight children, namely,

1. Ravi @ Mukendra Singh, s/o Ramesh

2. Sattu @ Satyaveer , s/o Rramesh

3. Anek Singh@ Annu, s/o Ramesh

4. Khoda @ Amardeep, s/o Ramesh

5. Pappi @ Sanjaydeep , s/o Ramesh

6. Rishi @ Rishipal, s/o Ramesh 7 Manto @ mukesh @ Satyaprakash, s/o Ramesh

8. Rani @ Priyanka, d/o Ramesh

18. The accused Ravi alias Mukendra Singh, son of Ramesh Singh was one person and the accused Manto alias Satya Prakash, son of Ramesh Chandra was another person. Thus, both the persons were separate accused persons.

19. Upon hearing learned counsel for the parties and from the perusal of records, it can be discerned that initially FIR was registered against Manto alias Mukesh, however, in the Tehrir of the said FIR, the name was mentioned as Manto alias Mukendra. The charge-sheet was also submitted against Manto alias Mukesh and the cognizance and the summoning order was also issued against Manto alias Mukesh. The name Manto alias Mukendra is only found in the Tehrir of the FIR and was never charge sheeted nor cognizance was taken against him. The applicant used this name to mislead the police officers and the court to escape him from the court proceedings. When the co-accused Ravi did not appear in the court proceedings, the non-bailable warrant and the proceedings under section 82 Cr.P.C. were initiated against Ravi. The police produced Mukesh alias Mukendra alias Manto as Ravi. Thereafter Manto alias Mukendra raised an objection that he was not Ravi and was wrongly arrested by the police. The said arrested person was released on 6 NA528 No. 23200 of 2025 personal bond. Thereafter during further investigation the statement of the first informant and several independent witnesses were recorded who clarified that Ravi was having the nick name (sub title) as 'Mukendra' and the family register indicated that Manto was having the nick name (sub title) as 'Satya Prakash'. The record also indicates that no bail application was ever filed by Manto alias Mukesh rather the bail application was filed by the name of Manto alias Mukendra (as mentioned in the Tehrir) which created uncertainty and doubt in identifying the two accused. The person arrested by the local police as Ravi tried to mislead and misguide the Court by stating that his name was Manto alias Mukesh alias Mukendra.

20. Thus, the applicant Manto bears the sub title as Satya Prakash and was already named in the FIR. The co-accused Ravi bears the sub title as ‘Mukendra’.

21. Accordingly, the learned Chief Judicial Magistrate, Court No. 10, Agra, vide the order impugned dated 20.12.2024, had rightly rectified the order taking cognizance dated 22.10.2018 clarifying that the name of accused Ravi be read as Ravi @ Mukendra and the accused Manto @ Mukesh be read as Manto @ Satya Prakash. As the complicity of the applicant Manto @ Satya Prakash was already found and the cognizance has been taken, therefore, there is no merit in the matter. The application under Section 528 BNSS is hereby dismissed. September 24, 2025 Puspendra (Nand Prabha Shukla,J.) PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad