SUNIL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel of the opp. Party no. 2 and perused the record.

(2.) By means of this application under Sec. 482 CrP.C. the applicant seeks to invoke the inherent jurisdiction of this court to quash the summoning order dtd. 18/4/2022 passed by learned Chief Judicial Magistrate, Bareilly in case no. 5136 of 2022, State of U.P. Vs. Ram Mohan Sharma and others, the impugned chargesheet/ police report under Sec. 173(2) Cr.P.C. dtd. 10/10/2021 arising out of case crime no. 76 of 2021, under Sec. 420, 467, 468, 471, 447, 386, 120-B I.P.C. police station Prem Nagar, District Bareilly as well as entire proceeding of case no. 5136 of 2022 pending before C.J.M. Bareilly. Vide summoning order dtd. 18/4/2022 C.J.M. Bareilly summoned above three applicants along with other co accused persons to face trial under Sec. 420, 467, 468, 471, 447, 386, 120-B I.P.C. Learned counsel for the applicants submits that on 11/2/2021 a first information report was lodged by Abhaychand Kankan against 19 named accused persons under Sec. 420, 467, 468, 471, 447, 386, 120-B I.P.C. alleging all the named accused persons including the applicants to be bhumafias that they were misappropriating the land belonging to Kunwar Daya Shankar Edward Memorial Intermediate College, Bareilly by making forged sale deed. They were also giving threats to the college staff and demanding ransom also. While on the basis of the donation papers this land was donated to the college for making hostel for the students in the year 1920 by some rich persons of Bareilly City, in the name of the college, which is mentioned in the revenue record till date. Previously Sub Inspector Pradeep Kumar vide final report no. 41 /21 dtd. 12/3/2021 closed the investigation in the present matter. On this final report, the court took cognizance also. When the first informant came to know about this final report, an application was made before the Additional Director General of Police, (Addl. D.G.P.) Zone Bareilly for further investigation by police of some other police station. Who made an order for further investigation under Sec. 173(8) Cr.P.C. for further investigation to be done by Crime Branch Moradabad. Further investigation was started by Inspector Sanjeev Kumar. He received necessary documents from the court and submitted 8 papers of supplementary case diary but due to his personal grievance, the investigation was transferred by Circle Officer crime branch, Moradabad to Mahesh Babu Sharma, the then Sub Inspector Crime Branch, Moradabad, who after receiving the necessary documents, going through the whole case diary and other documents, after recording the statements of the witnesses filed charge sheet dtd. 10/10/2021 against 16 accused persons including the above three applicants to face trial under Sec. 420, 467, 468, 471, 447, 386, 120-B I.P.C.

(3.) After receiving the charge sheet, the trial court passed the impugned summoning order dtd. 18/4/2022 and summoned the present applicants and rest co accused persons to face trial under the above mentioned Sec. . The arguments of the learned counsel for the applicants are of three fold; (i) that the dispute was purely civil, so the FIR under criminal Sec. was not maintainable, (ii) when the final report was submitted by the first Investigating Officer then without the orders by the Magistrate, no further investigation could be done and (iii) when there were final report and charge sheet both before the Magistrate concerned, he was under obligation to consider the both documents before passing the impugned cognizance order/ summoning order.