Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1912 (ALL)

Veer Singh v. State of U. P.

2016-05-17

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 19.11.2015 passed by the Additional District and Sessions Judge, Court No. 11, Farrukhabad in Session Trial No. 2091 of 2014 (State Vs. Karan Singh (since deceased) Veer Singh and 3 others) in Case Crime No. 342 of 2013 under Sections 147, 148, 149, 307, 504 IPC, Police Station Maudarwaza, District Farrukhabad. 3. Submission of the learned counsel for the applicants is that in the cross cases the F.I.R.s were registered at the Police Station concerned from both the sides but investigating officer submitted charge sheet only against the applicants and in another case submitted final report. Protest petition was filed and the court concerned treated the protest as complaint. Referring to the law laid down by the Supreme Court in Pooja Pal Vs. Union of India and others reported in (2016) 3 SCC 135 , it was further argued that if in the facts and circumstances of the case it is necessary to direct the authority concerned for further investigation in the matter to discover the truth to prevent the miscarriage of justice. Thus, the court dealing with the matter may direct to do so. Cognizance and the summoning order both are illegal. 4. Learned A.G.A. argued that in the cross case police submitted final report and court concerned on the basis of protest petition proceeded to deal with the matter as complaint case and summoning order has been passed. Since it is an admitted fact of the applicants that there is cross version, therefore, the submissions raised by the learned counsel for the applicants is not correct. Which version is true could only be dealt with by the court concerned after evidence. There is no need to pass any direction for further investigation. Trial has reached at the stage of evidence. 5. I have considered the rival submissions and gone through the entire record including the case laws Pooja Pal (supra) relied upon by the applicants. 6. Before adverting to the facts and circumstances of the present case and the submissions of the learned counsel for the parties, it will be useful to quote here the relevant portion of the judgment of Pooja Pal (supra). 6. Before adverting to the facts and circumstances of the present case and the submissions of the learned counsel for the parties, it will be useful to quote here the relevant portion of the judgment of Pooja Pal (supra). "Criminal investigation is a lawful search for people and things useful in reconstructing the circumstances of an illegal act or ommission and the mental state accompanying it. It is probing from the known to the unknown, backward in time, and its goal is to determine truth as far as it can be discovered in any post-factum inquiry. Successful investigation are based on fidelity, accuracy and sincerity in lawfully searching for the true facts of an event under investigation and on an equal faithfulness, exactness, and probity in reporting the results of an investigation. Every offence is a crime against the society and is unpardonable, yet there are some species of ghastly, revolting and villainous violations of the invaluable right to life which leave all sensible and right-minded persons of the society shell-shocked and traumatized in body and soul. Such incidents mercifully, rare though, are indeed exceptionally agonizing, eliciting resentful condemnation of all and thus warrant an extraordinary attention for adequate remedial initiatives to prevent their recurrence. In our considered view, even if such incidents, otherwise diabolical and horrendous, do not precipitate national or international ramifications, these undoubtedly transcend beyond the confines of individual tragedies and militatively impact upon the society's civilized existence. If the cause of complete justice and protection of human rights are the situational demands in such contingencies, order for further investigation or reinvestigation, even by an impartial agency as CBI ought to be a peremptory measure in the overwhelming cause of justice." 7. In the instant matter, it would be evident that two F.I.R.s were lodged from both side as cross case. Police investigated the matter and in one case, police submitted the charge sheet but in another case final report was submitted. Informant filed protest petition which was treated as complaint and summoning order after recording the evidence was passed. In the instant matter, it would be evident that two F.I.R.s were lodged from both side as cross case. Police investigated the matter and in one case, police submitted the charge sheet but in another case final report was submitted. Informant filed protest petition which was treated as complaint and summoning order after recording the evidence was passed. It is settled legal position that where there are cross version of the same incident and both sides have come up before the court taking specific plea and in both the cases cognizance have been taken either on the charge sheet or passing summoning order on complaint, the court dealing with the matter shall proceed to try the cases to ascertain the truth. It will not be useful to pass the order for further investigation in this matter at this stage. The prayer made by the applicants in the instant case is not acceptable. The applicants do not get any help with the law laid down by Pooja Pal (supra) case. Both the parties are facing trial. They have opportunity to lead the evidence in support of their version in both the cases, therefore, on the basis of plea taken by the learned counsel for the applicants, it cannot be said at this stage that proceedings of the aforesaid criminal case before the lower court is the abuse of process of law. Thus, the application being devoid of merit is hereby dismissed.