IN THE HIGH COURT OF ALLAHABAD
BEFORE : RAJEEV MISRA, J.
JAYKARN SINGH AND OTHERS ....Applicants
Versus
STATE OF U.P. AND ANOTHER ....Respondents
(Criminal Misc. Application No. 30062 of 2018, decided on 15th November, 2018)
(B) Criminal Procedure Code, 1973 – Section 190 (1) (a) – Cognizance of offence – Material collected by Investigating Officer during course of investigation pertaining to a different case – Held, cannot be looked into by Magistrate in another case while taking cognizance. [Para 25]
Result; Application Allowed.
Hon’ble Rajeev Misra, J.—This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 6th November, 2017 passed by the Chief Judicial Magistrate, Hamirpur in Complaint Case No. 2663 of 2014 (Ram Sarovar v. Jaykaran Singh and others), under Sections 147, 148 and 302 I.P.C., Police Station Kurara, District Hamirpur as well as the entire proceedings of the above mentioned complaint case.
2. Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicants, learned A.G.A. for the State and Mr. Ram Kishor Gupta, learned counsel appearing for the opposite party No. 2.
3. The applicants have also challenged the order dated 26th July, 2018 passed by the Additional Sessions Judge/Special Judge (S.C./S.T. Act), Hamirpur in Criminal Revision No. 5 of 2018 (Jaykaran Singh and others v. Ram Sarovar and another), whereby the aforesaid criminal revision preferred against the summoning order dated 6th November, 2017 has been dismissed.
4. From the record, it appears that an incident occurred on 12th May, 2013. In respect of the aforesaid incident, firstly a First Information Report dated 12th March, 2013 was lodged by the applicant No. 1 herein, namely, Pramod Kumar at 1800 hrs (6:00 p.m.) with the allegation that on account of the criminality committed by the accused persons named in the First Information Report, one Raman Singh has died on the spot. This First Information Report came to be registered as Case Crime No. 701 of 2013 under Sections 147, 148, 149, 302, 120B I.P.C. Police Station Kurara, District Hamirpur. Another First Information Report dated 12th May, 2013 was lodged by the opposite party No. 2 herein at 18:30 hrs. (6:30 p.m.) in which it was alleged that on account of the criminality committed by the accused persons named in the First Information Report, one Munim Singh has died. This First Information Report came to be registered as Case Crime No. 701A of 2013, under Sections 147, 148, 149, 302 I.P.C., Police Station Kurara, District Hamirpur.
5. Autopsy of the deceased Munim Singh was conducted and accordingly, the post-mortem report was submitted on 13th May, 2013.
6. The Police conducted the statutory investigation of Case Crime No. 701A of 2013 and upon completion of the same submitted a final report dated 17th August, 2013. Feeling aggrieved by the final report dated 17th August, 2013, the opposite party No. 2 herein who is also the first informant of the F.I.R. dated 12th May, 2017 giving rise to Case Crime No. 701A of 2013 filed protest petition dated 4th October, 2013. On the protest petition, the Court concerned passed an order dated 22nd February, 2014, whereby the final report dated 17th August, 2013 was rejected and a direction was issued to the Police to conduct further investigation. Upon further investigation, the Police submitted the second report dated 11th April, 2013, confirming the earlier final report dated 17th August, 2013.
7. At this stage, the complainant-opposite party No. 2 herein filed a complaint dated 1st September, 2014 in respect of the same incident dated 12th May, 2013 qua which the First Information Report dated 12th May, 2013 was lodged and was registered as Case Crime No. 701A of 2013 under Sections 147, 148, 149, 302 I.P.C. The aforesaid complaint was registered as Complaint Case No. 2663 of 2014 (Ram Sarovar v. Jaikaran Singh and others), Police Station Kurara, District Hamirpur.
8. During the pendency of the aforesaid complaint case, the first informant of the First Information Report dated 12th May, 2013, which was registered as Case Crime No. 701A of 2013 i.e. the complainant-opposite party No. 2 herein filed a protest petition dated 6th May, 2017 against the second police report dated 11th April, 2014 submitted in Case Crime No. 701A of 2013. This protest petition came to be registered as Misc. Case No. 60/12/2011 (Ram Sarovar v. Jaikaran Singh and others).
9. As the complaint dated 1st September, 2014 was entertained and was registered as
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