PAWAN KUMAR KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Anuj Bajpai, learned counsel for the applicants, Sri Ram Krishna Dubey, learned counsel for opposite party no.2 and learned A.G.A. for the State.

(2.) By means of application under Section 482 Cr.P.C., the applicants have prayed for quashing of the entire proceedings of Case No. 1172 of 2011, State Versus Gullu Prasad and others arising out of Case Crime No. 124 of 2011 under Section 498A, I.P.C. and 3/4 , D.P. Act, police station Kareli, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.5, Allahabad.

(3.) Brief facts of the present case are that the opposite party no.2, Smt. Vandana Kushwaha w/o Pawan Kumar Kushwaha, applicant no.1 and daughter of Lalta Prasad Kushwaha had filed an application before the D.I.G for registration of F.I.R. against the applicants on which the matter was enquired by the S.I. of police station Dhoomanganj, who submitted his report to the D.I.G. In the said report, it was stated that the applicants have not committed any offence against opposite party no.2. Thereafter, opposite party no.2 moved an application under Section 156 (3) Cr.P.C. before the Additional Chief Judicial Magistrate, Allahabad which was dismissed by the Court on the request of counsel for opposite party no.2 as not pressed vide order dated 7.7.2011. Subsequently, an F.I.R. was lodged against the applicants by opposite party no.2 on 10.5.2011 which was registered as Case Crime No. 124 of 2011 under Section 498A, 307, 326, 504, I.P.C. and 3/4, D.P. Act at police station Kareli, District Allahabad in connection with offences having taken place from 11.12.2008 to 24.4.2010. After investigation, the first Investigating Officer, namely, Ram Nath Singh submitted a charge-sheet against the applicants being Charge-sheet No.58 of 2011 dated 29.6.2011 for offences under Section 498A, I.P.C. and 3/4 D.P. Act and stated in the said charge-sheet that no offence under Section 307, 326, 504, I.P.C. was made out against the applicants. On the basis of the said charge-sheet, the learned Magistrate on 6.7.2011 took cognizance of the offence and directed that the case be registered as Case No. 1172 of 2011. A copy of the said charge sheet has been annexed as annexure-4 to the affidavit filed in support of the present application. The applicants appeared before the court and were granted bail on 29.8.2011 except applicant no.1, Pawan Kumar Kushwaha, who was granted bail by this Court on 2.11.2011. It appears that when the complainant came to know about the submission of Charge-sheet under Sections 498A, I.P.C. and 3/4 D.P. Act submitted against the applicants by the Investigating Officer, Ram Nath Singh then she moved an application alongwith an affidavit before the D.I.G., Allahabad alleging that the first Investigating Officer had not conducted the investigation in a fair manner on which the D.I.G. Vide order dated 29.8.2011 entrusted the investigation to another Investigating Officer with immediate effect and further ordered the Station Officer, Kareli to carry on the investigation in view of the provisions of Section 173 (8) Cr.P.C. after completing all the legal formalities. The second Investigating Officer submitted charge-sheet against the applicants on 13.12.2011.From the order sheet of the Court of Additional Chief Judicial Magistrate V in Case No. 1172 of 2011, it appears that 27.1.2012 was fixed for framing of charges and on 7.1.2012 a supplementary charge sheet No. 58 A was filed in the Court of Magistrate for offences under Sections 307, 326, 504, I.P.C. on the basis of which the learned magistrate again took cognizance of the offence and directed that the case be registered against the applicants on the basis of the supplementary charge sheet. The court fixed 14.12.2011 for framing of charges against the applicants vide ordered dated 5.11.2011. The applicants again appeared before the court on 27.1.2012, date fixed for framing of charges.