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RAJEEV SINGH
Israr Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJEEV SINGH, J.
1. Heard Shri Gyanendra Singh, learned counsel for the applicant, Dr. V.K. Singh, learned Government Advocate assisted by Shri Piyush Singh, learned A.G.A. Shri Shivendra Singh Rathaur, learned State Law Officer.
2. In pursuance of earlier order dated 12.12.2023, Shri Satyapal Antil, Superintendent of Police, Pratapgarh is also present before this Court.
3. Present application has been moved by the applicant for quashing the summoning order dated 22.01.2021 passed by C.J.M. Pratapgarh and charge sheet dated 15.03.2020 in Case Crime No. 1019 of 2019 U/s 332, 353, 504, 447, 153B I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Kotwali Nagar, District-Pratapgarh as well as further proceedings of Criminal Case No. 2186 of 2021, State vs. Israr Ahmad and Others.
4. Learned counsel for the applicant submitted that the impugned proceeding was initiated on the basis of concocted facts and the charge sheet was submitted by the Investigating Officer in the most mechanical manner under Sections 332, 353, 504, 447, 153B I.P.C. and Section 7 of Criminal Law Amendment Act, 1932, ( for short “Act 1932”). He further submitted that provisions of Act, 1932 are not appl
The central legal point established in the judgment is the applicability of the Criminal Law Amendment Act, 1932 in the district of Pratapgarh and the requirement of valid permission for public acces....
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
The importance of providing reasons and subjective satisfaction in any court order, as it forms the backbone of the order and ensures the principles of natural justice are upheld.
The power under Section 319 of Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and with caution, and requires strong and cogent evidence against the person being summoned.
The court emphasized the necessity for adherence to procedural mandates in criminal proceedings, specifically requiring compliance with Section 154(3) of the Cr.P.C. before ordering investigation.
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