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2018 Supreme(All) 2410
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAHUL CHATURVEDI, J.
Mohan – Appellant
Versus
State of U.P. and Ors. – Respondents
Application U/S 482 No. 32802 of 2018
Decided On : 12-11-2018
For the Appellant : Vipin Kumar Singh
For the Respondents: G.A. and Rajesh Kumar Dubey
The power for further investigation after cognizance has been taken is available only on the request of the investigating agency and in circumstances warranting further investigation on the detection of material evidence to secure fair investigation and trial.
Headnote:
482 Cr.P.C. - Quashing of charge sheet and proceedings - Section 376D IPC - 161 Cr.P.C. statements, further investigation, supplementary charge sheet, cognizance by Magistrate - Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel (2017(4) SC 177)
Fact of the Case:
The applicant sought to quash the charge sheet and proceedings under Section 376D IPC, invoking the inherent jurisdiction of the Court. The case involved allegations of gang rape and subsequent investigation leading to a supplementary charge sheet and cognizance by the Magistrate.
Finding of the Court:
The Court dismissed the application, stating that the further investigation was acted upon pursuant to the order of the Magistrate, leading to the collection of sufficient material to indict the applicant for the allegation of gang rape. The Court also noted that the applicant had been bailed out in an additional Section 376D IPC.
Issues: The issues revolved around the quashing of the charge sheet and proceedings under Section 376D IPC, the validity of further investigation, and the sufficiency of material collected to indict the applicant for gang rape.
Ratio Decidendi: The Court held that the power for further investigation after cognizance has been taken is available only on the request of the investigating agency and in circumstances warranting further investigation on the detection of material evidence to secure fair investigation and trial.
Final Decision: The 482 Cr.P.C. application was deemed devoid of merit and accordingly dismissed.
ORDER :
Rahul Chaturvedi, J.
1. Heard Sri R.P.S. Chauhan assisted by Vipin Kumar Singh, learned counsel for the applicant, Rajesh Kumar Dubey, learned counsel for complainant and learned AGA for the State and perused the record.
2. By means of the present 482 Cr.P.C. the applicant has invoked the inherent jurisdiction of this Court to set aside/quash the impugned charge sheet no. 121A-2015 dated 14.06.2018 as case crime no. 511 of 2015, under Section 376D IPC, P.S. Baghauchghat, District Deoria as well as entire proceedings of case no. 871 of 2018, under Section 376D IPC pending in the Court of A.C.J.M., Court No. 19, Deoria.
3. Later on an amendment application was filed in the present 482 Cr.P.C. application by the applicant, to permit the applicant for amending/adding the prayer as paragraph 3 of the affidavit accompanying the amendment application, which reads as under:-
"It is also further prayed that this Hon'ble Court may graciously pleased to quash the impugned order dated 10.05.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 19, Deoria in Case No. 2107 of 2016 (State Vs. Mohan @ Kamleshwar and others), Annexure No. 9 to the application"
4. This amendment application was eventually allowed by order dated 09.10.2018. Learned counsel for the applicant was permitted to assail the orders of learned A.C.J.M., Court No. 19, Deoria dated 10.05.2018 by which he has permitted to carry out further investigation.
5. Pursuant to the impugned order dated 10.05.2017, the entire exercise of further investigation was concluded and the police after concluding further investigation has submitted supplementary charge sheet on 14.06.2018 as charge sheet no. 121A of 2015 under Section 376D IPC, P.S. Baghauchghat, District Deoria and learned Magistrate on 18.06.2018 has taken cognizance.
6. After this, the present 482 Cr.P.C. application was filed by the applicant one of the accused Mohan @ Kamleshwar with the prayer:-
"It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the instant application and set aside/quash the impugned charge sheet no. 121A/2015 dated 14.06.2018 in connection with the case crime no. 511 of 2015, under Section 376D IPC, Police Station Baghauchghat, District Deoria as well as the entire proceedings of case no. 871 of 2018, in case crime no. 511 of 2015, under Section 376D IPC, Police Station Baghauchghat, District Deoria pending in the Court of A.C.J.M., Court No. 19, Deoria as the same arise out of the charge sheet no. 121A/2015 dated 14.06.2018.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of case no. 871 of 2018, in case crime no. 511 of 2015, under Section 376D IPC, Police Station Baghauchghat, District Deoria pending in the Court of A.C.J.M., Court No. 19, Deoria during the pendency of the present application before this Hon'ble Court, or to pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury.
It is also further prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 10.05.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 19 Deoria in case no. 2107 of 2016 (State Vs. Mohan @ Kamleshwar and other) (Annexure No. 9 to the application)."
7. In the backdrop of the case, learned counsel for the applicant has drawn the attention of the Court that prosecutrix for the incident on 27.07.2015 has got an FIR registered on 03.08.2015 under Section 147, 376D, 325, 323, 392, 504 and 506 IPC with the allegation that as many as seven persons named as accused persons including the present applicant on 27.07.2015 around 3.30 p.m. during the day while she was in her agricultural field started abusing filthy and disrobed her and applicant along with few other accused person has outraged her modesty after assaulting her. Thus it is clear,
