An order of cognizance must be passed on the basis of material on record and after application of judicial mind.

Court No. - 86

Case :- APPLICATION U/S 482 No. - 30083 of 2021

Applicant :- Smt. Sushila And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ravikant Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Mr. Vishweshwar Mani Tripathi hoding brief of Shri Ravi Kant

Shukla and learned AGA for the State.

The present application has been filed by the applicants with the

prayer to quash the entire criminal proceedings of Case No. 783

of 2020 (State Vs. Lakhan Singh and others) including

impugned Charge Sheet No. 146 of 2020 dated 04.03.2020,

arising out of Case Crime No. 888 of 2019, under section 147,

148, 323, 504, 506, 447 IPC and Section 3(1)Da, Dha of SC/ST

Act, PS-Naubasta, District-Kanpur Nagar, pending in the Court

of learned Special Judge, SC/ST Act, Kanpur Nagar, as well as

cognizance as well as summoning order dated 25.09.2020 in

pursuant to the applicants

It is submitted that in this case an FIR was lodged against co-

accused persons on false and frivolous grounds. During

investigation, names of applicants were brought into light by

the Investigating Officer without collecting sufficient material

relating to their involvement. Independent witnesses have also

not supported the prosecution version. There is dispute between

the parties relating to land regarding which civil litigation is

going on. Applicants are falsely implicated due to malafide

intention with the opposite party no.2. No any specific role has

been assigned to the applicants. Medical report is not in support

of prosecution case. Even, though, charge sheet has been

submitted by Investigation Officer and cognizance taken by the

Court concerned. Learned Court below has passed an order of

cognizance without applying judicial mind on printed performa,

which is illegal. Therefore, requested to quash the entire

criminal proceedings of this case along with the charge sheet.

Learned AGA opposed the prayer for quashing the entire

proceedings and urged that in this case during investigation

sufficient material was collected by Investigation Officer on the

basis of which applicants were brought into light and charge

sheet was filed against them before the Court concerned, which

took cognizance of the offences on the basis of material on

record. Therefore, there is no ground to quash the charge sheet,

as well as cognizance order.

On considering the facts and circumstances of the case

submission made by the learned counsel for the parties and

perusal of record, it shows that during investigation, the

statement of witnesses have been recorded by the Investigating

Officer, in which involvement of these applicants have been

shown on the basis of material on record. Charge sheet has been

submitted by Investigation Officer before the Court concerned

against five persons including applicants. At this stage the

veracity of statements of witnesses can not be tested. It can be

done during trial, therefore there is no ground to quash the

charge sheet.

So far as the order of cognizance dated 25.09.2020 is

concerned, it appears that it has been passed in printed performa

by Special Judge SC/ST, by fulfilling the gaps without

application of judicial mind which is illegal and can not sustain

in the eye of law. Thus order of taking cognizance dated

25.09.2020 is hereby set aside and Court concerned is directed

to pass the order a fresh on the basis of material on record.

Accordingly this application is disposed of finally.

Order Date :- 5.1.2022

Neetu