The court's decision emphasized that charges can be framed in a criminal case even on the basis of serious suspicion against the accused, and the court must consider the evidences collected by the prosecution to determine if they are sufficient to raise suspicion against the accused.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The case is called out.

2. The present application under Section 482 Cr.P.C. pressed before the Court by learned counsel for the applicants, Sri Nijam Ahmad, on behalf of the applicants-Lalman and Durga Prasad. A copy of the application has already been served in the office of learned G.A., pursuant thereto learned A.G.A. appear to protest the same.

3. Heard learned counsel for the parties and perused the materials available on record, the prayer made in the application, invoking the inherent jurisdiction of the court under Section 482 Cr.P.C. is to the effect, to quash the order dated 16.12.2020 passed by learned Sessions Judge, Ambedkar Nagar in Criminal Revision No.30/2020 (Umesh Vishwakarma & Ors. Vs. State of U.P.) and order dated 21.1.2020 passed by learned Judicial Magistrate, Ambedkar Nagar in Criminal Case No.4265/2019 (State Vs. Sabha Narayan & Ors.) arising out of Case Crime No.30/2019 under Sections 420, 467, 468, 471 of I.P.C., registered at Police Station- Jalalpur, District-Ambedkar Nagar.

The Factual Matrix

4. The materials available on record reveals that the applicant nos.1 and 2 are amongst the accused involved in Case Crime No.30/2019 referred hereinabove, registered under Sections 420, 467, 468 and 471 I.P.C. The impugned order is passed by the learned Judicial Magistrate, Ambedkar Nagar on 21.1.2020 on an application of the present applicants along with the other co-accused Umesh Vishwakarma and Narendra Dev moved on 7.12.2019 under Section 239 Cr.P.C. for their discharge.

5. Learned counsel for the applicants submitted that, the said application for discharge was moved before the court, pursuant to the order of this Court passed over application under Section 482 Cr.P.C. seeking quashing of the impugned charge sheet dated 10.6.2019 filed in Case Crime No.30/2019 under Sections 420, 467, 468 and 471 I.P.C., the relevant portion of the said order is reproduced hereinunder :-

"After arguing the matter up to some length, learned counsel for the applicants submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that applicants permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case."

Discharge application on the ground of sameness of matter in two FIRs.

6. Pursuant to the above order of this Court, discharge application dated 7.1.2019 under Section 239 Cr.P.C. (Annexure No.7), was moved before the Court of Magistrate, Ambedkar Nagar, where the case was pending. The applicants set forth, before the court, the grounds and reasons for their discharge that there is a crime case no.371/2016 registered under Section 420 and 465 I.P.C. already lodged in respect of the 'sale deed dated 3.11.2016' by one Gaurav Kumar on 26.12.2016 against the same accused (present accused-applicants) with the other co-accused persons in same Police Station-Jalalpur, District -Ambedkar Nagar. After due investigation, charge-sheet was filed therein under Section 420 and 465 I.P.C. which is pending in the Court of Civil Judge (Senior Division)/Fast Track/A.C.J.M., State Vs. Umesh Vishwakarma & Ors., bearing Criminal Case No.192/2018. The said criminal case is at the stage of evidence. In the said criminal case, the charge-sheet filed by the investigating officer contains the name of 'Meda Devi' in the column of witnesses,