The Lucknow Bench of the Allahabad High Court has quashed criminal proceedings against a Samajwadi Party (SP) leader and former UP Minister’s daughter, Shreya Verma.
A Single Bench of Justice Shamim Ahmed passed this order while hearing an application under section 482 filed by Sushri Shreya Verma and 4 Others.
The application under Section 482 Cr.P.C has been filed on behalf of the applicants with a prayer to quash the charge sheet dated 27.03.2022 alongwith summoning order dated 22.09.2023 arising out of Case under Section 188, 171-H I.P.C, Police Station-Mohammadpur Khala, District-Barabanki as well as the entire proceeding of Criminal Case pending before the court of Additional Chief Judicial Magistrate/ F.T.C, Barabanki with a further prayer to stay the proceedings of the aforesaid case.
Counsel for the applicants submitted that the father of the applicant No 1 was contesting for the post of Member of Legislative Assembly in Vidhansabha Elections, 2022 from the constituency of Kursi District-Barabanki.
During that period on 29.01.2022, an F.I.R was lodged by the opposite party no 3, the then In-charge, Mobile Squad Vidhansabha Kursi, District-Barabanki against the applicants alleging therein that due to ongoing elections of Vidhansabha in District-Barabanki, the model code of conduct was enforced and on 28.01.2022 the applicant Nos 1 and 2 and about 50 other persons were canvassing in the election in Village Bhund Hamlet Sewali Gram Sabha Aalhemau and Jyoti without permission and the video of the canvassing programme went viral, which has been organized by applicants and others.
Counsel for the applicants further submitted that on 01.02.2022, the Investigating Officer recorded the statement of the complainant, wherein he reiterated the same version of the F.I.R and from perusal of the same no offence is made out against the applicants and the statements given by the complainant are not trustworthy and same is based on false and concocted facts.
Counsel for the applicants further submitted that the F.I.R was registered under Sections 171 H and 188 I.P.C, which is without jurisdiction as Section 171 H of I.P.C is described as non cognizable offence in the penal code and Section 195(1) Cr.P.C specifically provides that no court shall take cognizance of any offence under Sections 172 to 188 except upon a complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Thus, taking cognizance under Section 188 I.P.C is also without jurisdiction.
Counsel for the applicants further said that the order dated 22.09.2023 passed by the Additional Chief Judicial Magistrate/F.T.C, Barabanki, by which the applicants were summoned, is also non speaking as the Magistrate has not considered any material available before him while summoning the applicants to face the trial. As such, the order dated 22.09.2023 on the face of record appears to be unjustified, arbitrary, illegal and is passed without application of judicial mind, therefore, the same is liable to be set aside by the Court and the application under Section 482 Cr.P.C is liable to be allowed.
On the other hand, A.G.A for the State opposed the argument advanced by counsel for the applicants and submitted that the impugned summoning order dated 22.09.2023 is rightly passed and no interference by the Court is required in the matter, therefore, the application is liable to be dismissed at this stage only
On careful perusal of the averments made in this application under Section 482 Cr.P.C as well as after hearing the counsel for the parties, the factual matrix disclose that the o the opposite party no 3, the then Incharge, Mobile Squad Vidhansabha Kursi, District-Barabanki had lodged an F.I.R against the applicants alleging therein that applicant No 1 whose father, namely-Rakesh Verma was contesting election for the post of Member of Legislative Assembly in the Vidhan Sabha Election, 2022 and model code of conduct was enforced in the area. On 28.01.2022 the applicant Nos 1 and 2 alongwith 50 persons were canvassing in support of Rakesh Verma without any prior permission.
The Court found that the above said two offences are non cognizable offences. Therefore, as per Section 155(2) of Cr.P.C, the police have no right or jurisdiction to investigate the matter, without prior permission of the Magistrate, who has got jurisdiction to try those offences. Therefore, the entire charge sheet filed by the police is vitiated by serious incurable defects and procedural irregularities.
The Court further found that the F.I.R as well as the charge sheet, do not disclose that there was any cognizable offence made by the applicant, so as to enable the police to investigate both the cognizable and non- cognizable offences together and to file the charge sheet. Therefore, the entire charge sheet papers and on the basis of which the criminal case is registered is liable to be quashed.
The Court also found that the trial court while summoning the applicants by impugned order has totally failed to appreciate the factual and legal aspect of the matter.
The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue.
This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage.
“In view of the above said facts and circumstances of the case, the investigation done by the police in this case is without jurisdiction and based on such invalid investigation report, the cognizance taken by the Magistrate is also illegal. Secondly, the entire proceeding before the Magistrate is vitiated by serious incurable defects.
Thus, in view of the law laid down by the Apex Court and the facts and circumstances, as narrated above and from the perusal of the record, the charge sheet dated 27.03.2022 alongwith the summoning order dated 22.09.2023 passed by the Additional Chief Judicial Magistrate/ F.T.C, Barabanki in Criminal Case under Sections 171 H and 188 of I.P.C, Police Station Mohammadpur Khala, District-Barabanki, as well as the entire criminal proceedings in pursuance thereof are against the spirit and directions issued by the Apex Court and are liable to be set aside”, the Court observed while allowing the application.
Accordingly, the Court quashed the charge sheet dated 27.03.2022 alongwith the summoning order dated 22.09.2023 passed by the Additional Chief Judicial Magistrate/F.T.C, Barabanki in Criminal Case under Sections 171 H and 188 of I.P.C, Police Station Mohammadpur Khala, District-Barabanki as well as the entire criminal proceedings in pursuance thereof.