RAM KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Satya Prakash Chaturvedi, learned counsel for the applicant and learned A.G.A. for the State. Perused the record. This application under Sec. 482 Cr.P.C. has been filed by applicant to quash as well as to stay the effect and operation of the entire proceedings of Criminal Misc. Case No.1 of 2023 (State of U.P. Vs. Vijay Singh and others) along with cognizance cognizance order dtd. 12/1/2023 and notice dtd. 18/5/2023 arising out of judgement and order dtd. 3/11/2022 having S.T. No.38/2018 (State vs. Narayandas Kushwaha and another), under Sec. 344 Cr.P.C., Police Station Nadigaon, District Jalaun, peding before the learned Special Judge SC/ST Act, Jalaun at Orai. Brief facts of the case is that the applicant is government teacher posted in a Primary School. The father of the applicant namely Durga Prasad lodged a first information report against Narayan Das Kushwaha, Suratan Singh and Lakhan Singh under Sec. 306 IPC and 3(2) (V) SC/ST Act, Police Station Nadigaon, District Jalaun on 20/10/2018. Applicant is the writer of the tahrir spoken by his father and villagers.

(2.) Learned counsel for the applicants submits that applicant was informed through mobile phone that his mother committed suicide infront of the house of Narayan Das Kushwaha in the night. It is also submitted that the charge sheet in the matter was submitted and statements were recorded by the concerned investigating officer. It is also submitted that the court after examining the entire facts of the case did not found the accused guilty and the accused were exonerated. It is further submitted that the applicant has been alleged of providing false evidence to the court and has been issued a show cause notice under Sec. 344 Cr.P.C. Submission is that the applicant is merely a formal witness of the incident. He was neither present on the spot on the date and place of occurrence nor he is an eye witness of the alleged incident. Submission is that the applicant has only written a tahrir that was spoken by his father Durga Prasad and villagers. Contention is that if the proceedings against the applicant are allowed to go on it will result in shear abuse of process of law.

(3.) Learned counsel for the applicant in order to demonstrate the truthfulness upon his submissions has placed reliance upon following judgements :-