IMPORTANT POINT
Criminal proceedings cannot continue if the accused has been exonerated in departmental inquiries for identical charges, due to the higher standard of proof required in criminal cases.

JUDGMENT :

SAURABH LAVANIA, J.

1. Subject matter of both the applications filed by the applicant namely Jagdish Singh @ Jagdish Kumar Singh relates to Case Crime/FIR No. 0271 of 2020, under Section 323, 504, 506, 307, 332, 353, 188, 270 IPC, P.S. Kakori, District-Lucknow and as such the same are being decided by means of this common order/judgment.

2. Heard learned counsel for the applicant and Shri S.P. Tiwari, learned AGA for the State and perused the record.

3. APPLICATION U/S 482 No. 5413 of 2024 has been filed seeking following main relief:

“to set aside the impugned order dated 04.06.2024 passed by Learned Court Additional District and Session Judge, Court No. 21, Lucknow in the Session Case No. 1907 of 2023 bearing title State of U.P. Vs. Anoop Kumar Gupta & Others arising out of charge sheet bearing No 01 dated 14.07.2020 submitted in F.I.R. No. 0271/2020, Under Section 323/504/506/307/332/353/188/270 IPC, P.S. Kakori, District Lucknow whereby the discharge application of the applicant/accused has been rejected (contained as Annexure No. 1 to the accompanying affidavit to this application)and be further pleased to discharge the applicant/accused in the aforementioned case pending before the aforesaid court and also quash/set aside the entire proceedings pursuant to the aforesaid impugned order against the applicant/accused.”

4. APPLICATION U/S 482 No. 2283 of 2023 has been filed seeking following main relief:

“to quash the impugned charge sheet bearing No 01 dated 14.07.2020 submitted in F.I.R. No. 0271/2020, Under Section 323/504/506/307/332/353/188/270 IPC, P.S. Kakori, District Lucknow along with the impugned cognizance and summoning order dated 15.11.2021 (contained as Annexure No. 1 and 2 respectively to the accompanying affidavit to this application) passed by the Learned Court of Additional Chief Judicial Magistrate, Court No. 30, District Lucknow and the entire proceedings arising out of it against the applicant/accused.”

5. Brief facts of the case, which are relevant for adjudication of the matter, in brief are as under:

As per FIR No. 0271 of 2020 dated 13.05.2020, on 13.05.2020, at about 20:50 hours the opposite party No. 2/Sub Inspector Daya Shankar Singh (informant) was on routine checking in view of the lock-down imposed due to COVID-19 Pandemic and he was informed by the constable namely Man Singh that four persons were standing at a public place near “Joggers Park” Sitapur Bypass and on being asked the reasons of their presence they started hurling abuses and thereafter the informant reached on spot and tried to settle the issue but the efforts of the informant went in vain and all the four persons assaulted the three police men and two persons were apprehended and two managed to escape and upon inquiry the persons apprehended disclosed their particulars. In nutshell, four persons violated the lockdown guidelines and abused and assaulted the police personnel on 13.05.2020 at about 20:50 hours.

6. Considering the allegations levlled in the FIR, the same was lodged under Sections 323, 504, 506, 307, 332, 353, 188, 270 IPC against jagdish Singh S/o Ravindra Singh (applicant), Hardwari Prasad S/o Ishwardeen, Anil Kumar Gupta and one unknown person.

7. It would be apt to indicate that the applicant was released on bail in compliance of the order dated 01.06.2020 passed by the trial Court in Bail Application No. 1747 of 2020.

8. After completion of investigation, which includes reducing the statements of the witlessness of prosecution in writing, the charge-sheet no. 01 dated 14.07.2020 was filed against the applicant/Jagdish Singh S/o Ravindra Singh, Haridwari Singh S/o Iswardeen. under under Sections 323, 504, 506, 307, 332, 353, 188, 270 IPC. Subsequently, the charge-sheet no. 02 dated 01.11.2020 was filed against Anoop Kumar Gupta S/o Krishna pal under Sections 323, 504, 506, 307, 332, 353, 188, 270 IPC. Thereafter the charge-sheet no. 03 dated 16.02.2021 was filed. By this charge-sheet the investigation was closed a