MANI SHANKER GAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed for quashing the summoning order dated 16.01.2018 passed in Case No. 2209 of 2017 arising out of N.C.R. No. 253 of 2015, under Sections 420, 120B I.P.C., P.S. Asiwan, District Unnao, non-bailable warrant dated 19.09.2018 as well as revisional order dated 24.05.2018.

(2.) Shorn of unnecessary details, facts relevant for the purpose of the case are that N.C.R. No. 253 of 2015 was lodged by respondent no. 2 with the allegation that on 29th November, 2015, at about 7.30 a.m., Sandeep Gaur, Mani Shankar Gaur, Shivam and Km. Shivani came to the house of respondent no. 2 and by abusing attacked on him by danda and fists. Investigation in the matter was conducted under the orders of the A.C.J.M., Court No. 5, Unnao and after investigation, charge sheet was filed on 21st March, 2016 against Sandeep Gaur, however, in respect of Mani Shanker Gaur, Shubham Gaur and Shivani (applicant nos. 1 to 3), final report had been filed as no incriminating evidence was found against them. Thereafter, respondent no. 2 filed Complaint Case No. 1493 of 2017, under Sections 419, 420, 467, 468 and 471 I.P.C. with the allegation that during the investigation in N.C.R. No. 253 of 2015, Investigating Officer, Sahukar Singh demanded illegal gratification from him and when the same was not fulfilled by respondent no. 2, he filed report in favour of the accused-applicants. Further allegation made in the complaint case was that during the course of investigation in N.C.R. No. 253 of 2015, five persons, namely, Lalit Kumar, Lakhan Lal, Pravin Chandra, Pt. Ram Naresh Dwivedi and Guru Charan had been shown to have submitted Notary affidavit dated 17th March, 2016, which was forged and fabricated, as Lalit Kumar and Ram Naresh Dwivedi had given affidavit on 19.09.2016 and 21.09.2016 respectively to the effect that they never gave any such affidavit. On the said complaint case, after recording the statements under Sections 200 and 202 Cr.P.C., applicants were summoned vide impugned order dated 16.01.2018. Summoning order 16.01.2018 was challenged by the applicants herein by means of Criminal Revision No. 41 of 2018, which was dismissed by Sessions Judge, Unnao vide order dated 24th May, 2018. Hence, this application.

(3.) Submission of the learned counsel for the applicants is that during the investigation, in N.C.R. No. 253 of 2015, 5 persons, namely, Lalit Kumar, Lakhan Lal, Pravin Chandra, Pt. Ram Naresh Dwivedi and Guru Charan had given affidavits, sworn on 17th March, 2016, stating that the incident took place between the applicants and respondent no. 2, only on account of political rivalry. The said affidavits were treated as statements under Section 161 Cr.P.C. (Annexure 10 to the application). After due investigation, charge sheet dated 21.03.2016 was filed by the Investigating Officer against Sandeep Gaur only, and the applicants were exonerated from the charges as no incriminating evidence was found against them. It has further been submitted that though no protest petition was preferred by respondent no. 2 challenging the final report filed in respect of applicant nos. 1 to 3, but after a delay of one year, respondent no. 2 filed Complaint Case No. 1493 of 2017 on 17.03.2017.