Ramesh Kumar Singh v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another

1. Heard learned counsel for the applicant, learned A.G.A. for the State, Ms. Atiya Abid learned counsel for the complainant and perused the record.

2. This application has been filed for setting aside the criminal proceeding registered as Case No. 350 of 2011 (State vs. Ashok Singh @ Pradhan) pending before the Additional & Sessions Judge, Court No.4 of District Court, District Sultanpur arising out of Case crime no.822 of 2011, under sections 302 452, 504 IPC., Police Station Kotwali Nagar, District Sultanpur.

3. In pursuance of order, Shri Pradeep Kumar Yadav, Sub Inspector, Police Station Kotwali Nagar, Sultanpur is present before this Court along with the relevant record.

4. Learned counsel for the applicant submitted that the applicant is a law abiding citizen and he was a teacher in primary school. On the basis of confessional statement of co-accused who was caught at the spot, applicant was also named in the FIR and merely on the basis of presumption, investigation was proceeded against the applicant also. Learned counsel submitted that as the applicant was trying to furnish all the relevant evidences in relation to his innocence, but the Investigating Officer applied for non- bailable warrant before the Magistrate as well as order for proceeding under Sections 82 and 83 Cr.P.C.

5. In the meantime, charge sheet was submitted by the Investigating Officer against co-accused Ashok Singh @ Pradhan on 20.08.2011, under sections 452, 302, 504 IPC., by mentioning that applicant is absconding and the investigation is pending against him. At the same time, investigation of the 2 A482 No. 11665 of 2023 applicant was transferred to S.I.T. and after detail investigation, closure report under section 169 Cr.P.C. was submitted on 11.3.2012 in favour of applicant. During the course of initial investigation, non-bailable warrant was obtained by the Investigating Officer against the applicant, as a result, he was being harassed by the local police, despite applicant was exonerated and then he appeared before the Additional Sessions Judge, Court No.6, Sultanpur and applied for dropping the proceeding of non-bailable warrant as well as proceeding under Sections 82 and 83 Cr.P.C. and also discharging him.

6. He further submitted that applicant was never summoned by the learned trial court on the closure report submitted by the Investigating Officer, as the aforesaid application was rejected by the learned court below vide order dated

5.3.2014 without considering this fact that the closure report was submitted by the Investigating Agency in favour of the applicant on the basis of no evidence found against him by the Investigating Officer. Learned counsel submitted that the learned trial court committed error in making observation that proceeding under sections 82 and 83 Cr.P.C. was issued by the Investigating Officer before submitting charge sheet against co-accused Ashok Singh @ Pradhan, therefore, kind indulgence of this court is necessary.

7. The Officer, who is present today has informed the court that charge sheet dated 20.8.2011 was only submitted against Ashok Singh @ Pradhan and prior to submission of said charge sheet, applicant was not co-operating therefore, non-bailable warrant as well as the proceeding under Sections 82 and 83 Cr.P.C. was obtained by the Investigating Officer, as a result, in the column of the aforesaid charge sheet of co-accused Ashok Singh @ Pradhan it was mentioned that applicant is absconding and the investigation was pending against applicant which was transferred/assigned to S.I.T., after investigation, no evidence was found against him and the closure report was submitted by S.I.T, in relation to the applicant.

8. Learned AGA also does not dispute that charge sheet was never issued against the applicant by any Investigating Officer as the closure report was submitted by the Investigating Officer in favour of the applicant due to lack of evidence but before submission of charge sheet against co-accused Ashok Singh, the order of non-bailable warrant as well as the proceeding under Section 82 and 83 Cr.P.C. was obtained from the learned Magistrate as it was mentioned in the charge sheet of Ashok Singh that applicant is not cooperating and he is absconding and his investigation is pending and his investigation was assigned to S.I.T. and final report was submitted.

9. Learned counsel for the complainant also states that correct fact can be explained by the learned AGA about the police report submitted in relation to 3 A482 No. 11665 of 2023 the applicant.

10. Considering the submissions of learned counsel for the parties, going through the contents of the petition, as well as other relevant material and the report produced by the Officer today ; as charge sheet was never submitted by any of the Investigating Officer against the applicant ; as in the initial stage, the investigation was conducted and Investigating Officer prepared charge sheet dated 20.8.2011 against arrested accused Ashok Singh @ Pradhan and as the involvement of applicant was shown in confessional statement of Ashok Singh @ Pradhan who was arrested on the spot, then in FIR applicant was also named and during course of investigation order for non-bailable warrant under Section 82 and 83 Cr.P.C. was also obtained against the applicant by First I.d. and submitted charge sheet dated 20.8.2011 against Ashok Singh @ Pradhan. In the charge sheet of Ashok Singh @ Pradhan mentioned therein that applicant is absconding and his investigation is pending.

11. At the same time, investigation of the applicant was assigned to S.I.T. and it submitted a closure report, due to lack of evidence, in favour of the applicant. As the order for non-bailable warrant as well as proceedings under section 82 and 83 Cr.P.C. were pending which were not recalled despite submission of final report in favour of the applicant, therefore, police was visiting his house then he appeared and filed application and requested for discharge by dropping of all these orders but the learned court below fail to consider that the order of non-bailable warrant as well as order relating to Section 82 and 83 Cr.P.C., against the applicant were issued prior to submission of charge sheet against co-accused Ashok Singh @ Pradhan. It is undisputed fact as per record that charge sheet was never filed against the applicant by any of the Investigating Officer. All these facts were not considered by the learned court below. Accordingly, the order dated 05.3.2014 is hereby set aside.

12. Office is directed to communicate this order to the learned court below.

13. It is open to the learned court below to pass appropriate order on the closure report of S.I.T. submitted in favour of the applicant. December 15, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant, learned A.G.A. for the State, Ms. Atiya Abid learned counsel for the complainant and perused the record.

2. This application has been filed for setting aside the criminal proceeding registered as Case No. 350 of 2011 (State vs. Ashok Singh @ Pradhan) pending before the Additional & Sessions Judge, Court No.4 of District Court, District Sultanpur arising out of Case crime no.822 of 2011, under sections 302 452, 504 IPC., Police Station Kotwali Nagar, District Sultanpur.

3. In pursuance of order, Shri Pradeep Kumar Yadav, Sub Inspector, Police Station Kotwali Nagar, Sultanpur is present before this Court along with the relevant record.

4. Learned counsel for the applicant submitted that the applicant is a law abiding citizen and he was a teacher in primary school. On the basis of confessional statement of co-accused who was caught at the spot, applicant was also named in the FIR and merely on the basis of presumption, investigation was proceeded against the applicant also. Learned counsel submitted that as the applicant was trying to furnish all the relevant evidences in relation to his innocence, but the Investigating Officer applied for non- bailable warrant before the Magistrate as well as order for proceeding under Sections 82 and 83 Cr.P.C.

5. In the meantime, charge sheet was submitted by the Investigating Officer against co-accused Ashok Singh @ Pradhan on 20.08.2011, under sections 452, 302, 504 IPC., by mentioning that applicant is absconding and the investigation is pending against him. At the same time, investigation of the 2 A482 No. 11665 of 2023 applicant was transferred to S.I.T. and after detail investigation, closure report under section 169 Cr.P.C. was submitted on 11.3.2012 in favour of applicant. During the course of initial investigation, non-bailable warrant was obtained by the Investigating Officer against the applicant, as a result, he was being harassed by the local police, despite applicant was exonerated and then he appeared before the Additional Sessions Judge, Court No.6, Sultanpur and applied for dropping the proceeding of non-bailable warrant as well as proceeding under Sections 82 and 83 Cr.P.C. and also discharging him.

6. He further submitted that applicant was never summoned by the learned trial court on the closure report submitted by the Investigating Officer, as the aforesaid application was rejected by the learned court below vide order dated

5.3.2014 without considering this fact that the closure report was submitted by the Investigating Agency in favour of the applicant on the basis of no evidence found against him by the Investigating Officer. Learned counsel submitted that the learned trial court committed error in making observation that proceeding under sections 82 and 83 Cr.P.C. was issued by the Investigating Officer before submitting charge sheet against co-accused Ashok Singh @ Pradhan, therefore, kind indulgence of this court is necessary.

7. The Officer, who is present today has informed the court that charge sheet dated 20.8.2011 was only submitted against Ashok Singh @ Pradhan and prior to submission of said charge sheet, applicant was not co-operating therefore, non-bailable warrant as well as the proceeding under Sections 82 and 83 Cr.P.C. was obtained by the Investigating Officer, as a result, in the column of the aforesaid charge sheet of co-accused Ashok Singh @ Pradhan it was mentioned that applicant is absconding and the investigation was pending against applicant which was transferred/assigned to S.I.T., after investigation, no evidence was found against him and the closure report was submitted by S.I.T, in relation to the applicant.

8. Learned AGA also does not dispute that charge sheet was never issued against the applicant by any Investigating Officer as the closure report was submitted by the Investigating Officer in favour of the applicant due to lack of evidence but before submission of charge sheet against co-accused Ashok Singh, the order of non-bailable warrant as well as the proceeding under Section 82 and 83 Cr.P.C. was obtained from the learned Magistrate as it was mentioned in the charge sheet of Ashok Singh that applicant is not cooperating and he is absconding and his investigation is pending and his investigation was assigned to S.I.T. and final report was submitted.

9. Learned counsel for the complainant also states that correct fact can be explained by the learned AGA about the police report submitted in relation to 3 A482 No. 11665 of 2023 the applicant.

10. Considering the submissions of learned counsel for the parties, going through the contents of the petition, as well as other relevant material and the report produced by the Officer today ; as charge sheet was never submitted by any of the Investigating Officer against the applicant ; as in the initial stage, the investigation was conducted and Investigating Officer prepared charge sheet dated 20.8.2011 against arrested accused Ashok Singh @ Pradhan and as the involvement of applicant was shown in confessional statement of Ashok Singh @ Pradhan who was arrested on the spot, then in FIR applicant was also named and during course of investigation order for non-bailable warrant under Section 82 and 83 Cr.P.C. was also obtained against the applicant by First I.d. and submitted charge sheet dated 20.8.2011 against Ashok Singh @ Pradhan. In the charge sheet of Ashok Singh @ Pradhan mentioned therein that applicant is absconding and his investigation is pending.

11. At the same time, investigation of the applicant was assigned to S.I.T. and it submitted a closure report, due to lack of evidence, in favour of the applicant. As the order for non-bailable warrant as well as proceedings under section 82 and 83 Cr.P.C. were pending which were not recalled despite submission of final report in favour of the applicant, therefore, police was visiting his house then he appeared and filed application and requested for discharge by dropping of all these orders but the learned court below fail to consider that the order of non-bailable warrant as well as order relating to Section 82 and 83 Cr.P.C., against the applicant were issued prior to submission of charge sheet against co-accused Ashok Singh @ Pradhan. It is undisputed fact as per record that charge sheet was never filed against the applicant by any of the Investigating Officer. All these facts were not considered by the learned court below. Accordingly, the order dated 05.3.2014 is hereby set aside.

12. Office is directed to communicate this order to the learned court below.

13. It is open to the learned court below to pass appropriate order on the closure report of S.I.T. submitted in favour of the applicant. December 15, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench