Sallahuddin vs State Of U. P. Thru. Home Secy.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1424

IN THE HIGH COURT OF ALLAHABAD
Ajai Kumar Srivastava-I, J.
Sallahuddin - Applicant
Versus
State Of U.P. Thru. Home Secy. And Another - Opposite Party
Application U/S 482 No. 2958 of 2022
Decided On : 26-09-2022

Advocates Appeared:
For the Applicant : Vivek Abhir.

Headnote:
Indian Penal Code, 1860 – Sections 471, 420, 120B, 153A, 153B, 295A, 298A, 511,121-A, 123 – Criminal Procedure Code, 1973 – Section 309, 167(2), 173(8), 196, 482 – Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 – Section 3/5/8 – National Investigation Agency Act, 2008 – Section 6 – Supplementary charge sheet – Sanction for prosecution for the offences – Limit of investigation – Cheating and dishonestly inducing delivery of property – Criminal conspiracy – Deliberate and malicious acts – Uttering – Conspiracy to commit offences – Facts as culled out from pleadings are that applicant, Sallahuddin was arrested from District Ahmedabad, Gujarat in connection with Crime under Sections 420, 120B, 153A, 153B, 295A, 511 I.P.C. and 3/5 Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 – Held, First charge sheet was filed and supplementary charge sheet was filed – Court does not find any substance in submissions of learned counsel for applicant to effect that applicant was wrongly denied default bail to which he was entitled to get in this matter – Hon’ble Supreme Court has held that object behind enactment of Section 167 Cr.P.C. is to see that the detention of the accused should not be permitted for any unreasonably longer period – Parliament has introduced proviso to Section 167(2) Cr.P.C. prescribing outer limit within which investigation must be completed. If investigation is not completed within specified period accused would acquire a right to be released on bail and if he is prepared to and does furnish bail, Magistrate shall release him on bail and such release shall be deemed to be grant of bail under Chapter XXXIII of Code – Dismissed.

JUDGMENT :

Ajai Kumar Srivastava-I, J.

1. Counter affidavit filed by the State is taken on record.

2. Heard Sri Arsh R. Shaikh, learned counsel for the applicant, Sri Shiv Nath Tilhari, learned A.G.A. for the State and perused the entire record.

3. The instant application under Section 482 Cr.P.C. has been filed praying inter alia following reliefs:-

"1. Allow this application and quash and set aside the impugned order dated 27.04.2022 passed by the learned Additional District and Sessions Judge, ADJ-3, Lucknow, Uttar Pradesh in CMRA number 2823 of 2022;

2. Release the applicant on default bail in connection with Case Crime number 9 of 2021 registered with ATS Gomtinagar police station, Lucknow pending in the court of Learned Additional District and Sessions Judge, ADJ-3 in connection with sections 153A, 153B, 295A, 417, 298, 121A, 123 and 120B of the Indian Penal Code, 1860 and sections 3, 5 and 8 of The Prohibition of Unlawful Religious Conversion Act, 2021.

3. Release the applicant on ad-interim bail during pending admission, hearing and final disposal of the present application in the interest of justice."

4. The facts as culled out from the pleadings are that the applicant, Sallahuddin was arrested on 30.06.2021 from District Ahmedabad, Gujarat in connection with Crime No.9/2021 under Sections 420, 120B, 153A, 153B, 295A, 511 I.P.C. and 3/5 Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021. His transit remand was allowed from 18:00 hours on 30.06.2021 upto 17:00 hours on 03.07.2021 by the learned Magistrate at Ahmedabad. The accused/ applicant was produced before the Special CJM Custom, Lucknow on 02.07.2021 and his judicial custody remand was granted for 14 days by an order passed by the learned Special CJM Custom, Lucknow. For a period from 06.07.2021 to 13.07.2021, his first police custody remand was allowed. For a period from 13.07.2021 to 15.07.2021, his second police custody remand was allowed. Thereafter, his judicial custody remand was granted from time to time i.e. from 15.07.2021 to 26.07.2021, from 26.07.2021 to 09.08.2021 and from 09.08.2021 to 18.08.2021. Charge sheet dated 13.08.2021, under Sections 471, 120-B, 153-A, 153-B, 295-A, 298-A I.P.C. and Sections 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against the applicant came to be filed in the court below on 18.08.2021 keeping the investigation pending. This charge sheet against the accused/ applicant was filed on 48th day from the date of first remand, which was well within the prescribed period under proviso (a) to Section 167(2) Cr.P.C. During the course of further investigation, the offence under Sections 121-A and 123 I.P.C. were added on 31.08.2021 and the remand was obtained on 01.09.2021 for the offence under Sections 121-A and 123 I.P.C. As the offence under Sections 121-A and 123 I.P.C. are scheduled offences as mentioned in the Shedule to the National Investigating Agency Act, 2008 (hereinafter referred to as ‘N.I.A. Act’), the information to this effect was sent to the State Government on 02.09.2021 in compliance with the provision contained under Section 6 of N.I.A. Act. The State Government sent the information to the Central Government on 21.09.2021. The supplementary charge sheet dated 17.09.2021 for the offence under Sections 121-A and 123 I.P.C. came to be filed in the court on 18.09.2021 i.e. on the day from the date of first remand by competent court at Lucknow and 81st day, inclusive of the time of transit remand too. The sanction for prosecution for the offences under Section 121-A/ 123 I.P.C. appears to have been granted on 22.11.2021. The learned court below took cognizance of the matter on 18.12.2021.

5. It is submitted by learned counsel for the applicant that the applicant was taken into custody and transit remand for three days was granted by the court of Ahmedabad. However, he was produced before the court at Lucknow on 02.07.2021 and the Chief Judicial Magistrate granted seven days’ r