BINDU MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State. and perused the record.

(2.) This application u/s 482 Cr.P.C. has been filed by the applicants- Bindu Maurya, Dharmendra Kumar Maurya and Amar Nath Maurya praying to quash the order dtd.8/3/2021 passed by Chief Judicial Magistrae, Raebareli, rejecting the final report filed by the Crime Branch- Criminal Investigation Department, Uttar Pradesh (CBCID) in Case Crime No. 467/2019, Police Station Kotwali Nagar, District Raebareli and also quashing of the charge sheet dtd. 6/12/2019 under Ss. 467, 468, 406, 419, 420, 471, 120-B and sec. 34 of I.P.C. and also summoning order dtd. 9/1/2020, pending in the court of Chief Judicial Magistrate, Raebareli.

(3.) Brief facts giving rise to this application are that the opposite party no.2 had lodged an FIR against the applicants and other accused persons on 8/6/2019 at Police Station Kotwali Nagar, District Raebareli registered as Case Crime No.467 of 2019, under Ss. 147, 148, 467, 468, 406, 307, 504, 506 IPC and after investigation of the same the charge sheet was filed by the Investigating Officer against the applicants under Ss. 406, 419, 420, 467, 471/34 IPC and against the accused persons, Surendra Bahadur, Ram Pratap and Bhola under Ss. 406, 419, 420, 467, 468, 471, 120-B IPC, on 6/12/2019. On 9/1/2020 the trial court took cognizance of the offences and issued process against the applicants and other co-accused persons. Except applicant- Dharmendra Kumar Maurya, other applicants have been granted bail and it is informed that the bail application of Dharmendra Kumar Maurya is pending for disposal in the High Court. The trial court vide order dtd. 11/2/2020 had framed charges against the accused persons Ram Pratap, Surendra Bahadur and Dharmendra Kumar Maurya. In the menatime, vide communication of Special Secretary Government of U.P. dtd. 12/3/2020 the investigation of the case was transferred to CBCID and on 6/1/2021 the Investigating Officer of CBCID has submitted a final report (closure report) in favour of accused persons / applicants- Bindu Maurya, Dharmendra Kumar Maurya and Amar Nath Maurya. The trial court vide impugned order dtd. 8/3/2021 while considering both, i.e. the charge sheet filed earlier as well as the final report filed by the CBCID opined that the earlier charge sheet filed by the Investigating Officer was based on the call details of the accused persons, their location information as well as the CCTV footage procured from Krishna Nursing Home. The Magistrate was also of the view that subsequent Investigating Officer (CBCID) appears to have recorded the statements of only those persons who were close to the accused Dharmendra Kumar Maurya and therefore the report submitted by the Investigating Officer of the CBCID according to the Magistrate was not inspiring confidence and therefore did not accept the same and by passing the impugned order he disposed of the subsequent final report filed by the CBCID and proceeded further with the trial of the case by summoning prosecution witnesses.