Point of Law: Inherent powers of High Court - Inherent powers of High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of process of any Court or otherwise to secure ends of justice.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The case is called out.

2. Learned counsel for the applicant and learned A.G.A. for the State are present in the Court.

3. The present application under Section 482 Cr.P.C. is moved to quash the order dated 08.03.2021 passed by the Court of Additional Sessions Judge, Court No.1, Lucknow in case arising out of Sessions Trial No.775/2019, bearing Crime No. 141/2019, under Sections 395/397/412/384/417/420/216A of I.P.C. & Section 30 of Arms Act, 1989, Police Station Gosaiganj, District Lucknow, therein framing charge against the petitioner under Section 395/397/384/417/420 of I.P.C. and to quash the order dated 01.02.2021, wherein the Discharge Application, preferred by the Petitioner has been rejected.

4. Perused the F.I.R. No.141/2019, under Sections 395/397/412/384/417/420/216A of I.P.C. & Section 30 of Arms Act, 1989, on the complaint made by one Ankit Agrahari in Police Station Gosaiganj, District Lucknow on 09.03.2019 with regard to incident dated 09.03.2019, happened about 07:00 A.M. in morning, the said F.I.R. is made annexure no.3 to the application.

5. On perusal of F.I.R., it appears that on the date of incident, seven unknown persons entered into the apartment, over powered the watch man, knocked the door of the complainant's flat and when the door was opened by him, the assailants entered forcibly in the house. They were armed and beaten the applicant and his companions. One assailant was being called by others with the name of Madhukar Mishra and alongwith whom two assailants were in the robes of police men, to whom the Madhukar Mishra was calling with the name of Pawan Mishra and Ashish Tiwari. Four other unknown assailants were involved in beating and putting in their bags, the money looted from the hosue. Their name was not called intentionally by the other assailants. The informant reported that at the time of incident, the companions of the complainant, Sachin Katare, Ashiwani Pandey, Kuldeep Yadav, Jitendra Tomar, Abhisek Singh, Abhisek Verma and Shubham Gupta were present and got injuries due to having been beaten up by the assailants. The assailants fled away after committing the incident, to whom, he claimed that he can identify them when would be confronted face to face. The complainant have assessed that the assailants have looted a huge amount of money approximately one crore and 85 lacs. The complainant informed that he is under a profession of trading of coal and maurang sand, running from the Omex Residency, Tulip Tower No.104 on rent, when the incident took place.

6. The police registered the first information report and started investigation, three men were identified by their name and face, however, annexure no.4, the recovery and arrest memo bears a fact found in investigation on the basis of CCTV footage. The police arrested Pradeep Kumar Singh, Anand Kumar Yadav and Pawan Kumar identified from the CCTV footage that alongwith them, the two unknown persons are known as Radha Krishna Upadhyay and Yash Raj Tiwari, who were beating and collecting the money, kept under the box of the bed and putting into their bags in the course of incident.

6. This is pertinent here that the present application under Section 482 Cr.P.C. with the aforesaid relief is moved by that Radha Krishna Upadhya, who was identified by the other co-accused and the complainant of the case on the basis of CCTV footage, involved in commission of the crime under the incident reported on 09.03.2019. The police has submitted the charge sheet on the basis of evidences collected during investigation, pursuant to the F.I.R. dated 09.03.2019.

7. Apparently, without going deeply into the evidence, there is no doubt that the present accused-applicant was involved in the offence as reported by the opposite party no.2-Ankit Agrahari, the complainant of the F.I.R. No.141/2019 dated 09.03.2019. It would be pertinent that the quashing of the F.I.R., the charge sheet or cognizance by the Court concerned of the offen