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2020 DIGILAW 610 (ALL)

Vikash Srivastava v. State of Uttar Pradesh

2020-02-25

RAJENDRA KUMAR-IV

body2020
JUDGMENT : 1. Applicant Vikash Srivastava filed an application under Section 482 Cr.P.C., with the following prayer :- “to quash the impugned judgement and order dated 16.1.2020 passed by the Sessions Judge, Maharajganj in Criminal Revision No. 145 of 2019 (Vikash Srivastava Vs. State of U.P) as well as summoning order dated 5.9.2019 passed by Chief Judicial Magistrate, Maharajganj in Complaint Case No. 2040 of 2018, Nand Lal Vs. Vikash Srivastava and another, under sections 406, 419 and 420 I.P.C, Police Station Nichlaul, District Maharajganj” 2. Learned counsel for applicant submits that applicant is innocent; he has committed no offence and has been falsely implicated in the present case; nothing has been recovered from the possession of the applicant. No offence is made out against the applicant. From the allegation of complaint and evidence adduced by the complainant. It is further submitted that the informant has tried to convert a civil dispute into criminal offence. Offence is totally of civil nature but the trial court did not consider this aspect and summoned the accused-applicant without proper appreciation of evidence. He showed some documents and evidence in support of his contention. It is further submitted by him that report dated 4.8.2018 submitted by the Additional Deputy Collector, Sadar Maharajganj to Additional District Magistrate (Judicial) Maharajganj reflects that there is no manipulation in the record but the trial court did not take into consideration the aforesaid record and passed the impugned order. 3. Learned AGA opposed the application and submitted that the Trial Court, has rightly summoned the accused for facing the trial. 4. From the perusal of record it reflects that on the application under section 156(3) Cr.P.C made by the informant Nand Lal Verma, opposite party No.2, herein, the C.J.M., Maharajganj, keeping in view the law laid down by this Court in the case of Priyanka Vs. State of U.P, directed the District Magistrate, Maharajganj to appoint any officer to enquire the allegation made in the application under section 156(3) Cr.P.C and submit its report. The matter was got enquired by the Additional S.D.O Maharajganj who submitted his report stating that there was no manipulation on the record. 5. From the perusal of impugned order dated 5.9.2019, it appears that the learned C.J.M, while passing the impugned summoning order, did not take into consideration, the report submitted by the Additional S.D.O. Sadar, Maharajganj. The matter was got enquired by the Additional S.D.O Maharajganj who submitted his report stating that there was no manipulation on the record. 5. From the perusal of impugned order dated 5.9.2019, it appears that the learned C.J.M, while passing the impugned summoning order, did not take into consideration, the report submitted by the Additional S.D.O. Sadar, Maharajganj. The impugned order reflects no application of judicial mind. It reflect that the learned C.J.M. passed the impugned order casually and without application of mind, which is laible to be quashed. 6. The application under section 482 Cr.P.C is allowed. The impugned order dated 16.1.2020 is quashed. Matter is remanded back to learned Magistrate concerned to consider entire material placed before him and pass a fresh reasoned and speaking order in accordance with law within a period of three months from the production of a certified copy of this order. 7. Office is directed to communicate this order to the Court concerned through District Judge concerned forthwith.