The court affirmed that a magistrate can take cognizance of an offence based on sufficient evidence, even if earlier charge sheets contain irregularities, and emphasized the power to summon additional accused.

JUDGMENT :

(Saurabh Lavania, J.)

1. Third application for Interim relief filed in the Court today, is taken on record.

2. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicants, Sri Anirudha Kumar Singh, learned AGA for the State and Sri Shishir Pradhan, Advocate, learned counsel for the opposite party No.2.

3. By means of instant application under Section 482 Cr.P.C. Kamlesh Singh and Bhagauti Singh, have approached this Court impeaching the order dated 27.03.2023 passed by the Chief Judicial Magistrate, Court No.9, Raebareli (in short "C.J.M.") in Case No.8528 of 2020 and have also assailed the order dated 30.09.2023 passed by the Additional District and Sessions Judge-II, Raebareli (in short "revisional court") in Criminal Revision No.139 of 2023 as also the Charge Sheet No.369 dated 12.11.1992, Charge Sheet No.49 dated 26.11.1998 and Charge Sheet No.49A dated 12.04.2001, arising out of Case Crime No.373 of 1991 under Sections 147, 148, 149 & 302 IPC, P.S.-Kotwali, District-Raebareli.

4. Vide impugned order dated 27.03.2023, C.J.M. took cognizance against all the accused persons and abated the proceedings against Ashok Kumar Singh and Akhilesh Singh on account of the fact that during pendency of the trial these accused were expired.

5. Vide order dated 30.09.2023 the revisional court dismissed the Criminal Revision No.139 of 2023, which was filed assailing the order dated 27.03.2023 passed by the C.J.M.

6. Brief facts, which are relevant for the purposes of disposal of present application, are to the effect that after lodging of an FIR dated 27.07.1991 of murder of Iqbal Haider Raza implicating Akhilesh Singh, Kamlesh Singh, Ashok Singh (in documents on record name of the accused is also indicated as Ashok Kumar Singh) and Bhagauti Singh, the local police started the investigation. The investigation subsequently was transferred to CBCID from local police on 01.08.1991, as indicated in the application. Thereafter, investigation was again transferred from CBCID to local police on 15.10.1991. The order of transferring the investigation from CBCID to local police was assailed before this Court by means of Writ Petition No.3523 (M/B) of 1991, which was subsequently dismissed as not pressed vide order dated 01.10.1992. After dismissal of aforesaid writ petition on 01.10.1992, Charge Sheet No.369 dated 12.11.1992 was prepared by the local police, however, the same was not filed before the trial Court on account of interim order dated 13.11.1992 passed in Writ Petition No.4672 (M/B) of 1992 and this Court provided liberty to CBCID to investigate the case. After the order of this Court dated 13.11.1992, the local police on 26.07.1997 sent the entire documents/case diary to CBCID and thereafter, the CBCID started the investigation on 23.05.1998 and after due investigation, the CBCID submitted the Charge Sheet No.49 dated 26.11.1998 before the competent court of jurisdiction upon which the cognizance was taken on 02.12.1998.

7. At this stage, this Court finds it appropriate to reproduce the relevant contents of the Parcha No.25/Charge Sheet dated 26.11.1998, as available on record (Annexure No.10), which reads as under:-

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