- (1.) The present application has been moved Under Section 482 Cr.P.C. for quashing the charge sheet filed in case No. 2211 of 2007 arising out of Case crime No. 799 of 2007 Under Sections 147, 332, 353, 323, 504, 506 IPC and Section 26 of Forest Act P.S. Kotwali Orai District Jalaun pending in the court of CJM Orai.
(2.) The perusal of the record shows that Rajendra Prasad Forest Guard lodged a FIR on 4.6.2007 at about 1.00 pm. with the allegation that on 3.6.2007 at about 7.00 pm complainant received an information that Nawab along with co-accused Raju Khangar driver of the jeep were coming after loading eight bags of charcoal in the jeep and were going towards Orai. On this information complainant along with other officials of the Forest started waiting for the jeep. At about 7.30 pm one jeep emerged on the spot from the side of Kotra Marg towards Ait. The complainant and other stopped the jeep and it was found that 8 bags of charcoal was loaded in the jeep and this was in violation of Rule 26 and Section 41 and 42 of the Forest Act. The jeep was taken into custody by the raiding party. And when the complainant along with the accused persons were proceedings towards forest premises Orai. And when the jeep reached near Awadh Complex accused Nawab asked the driver to stop the jeep. Nawab is the brother in law (Sala) of the applicant and co-accused started abusing to the complainant and their companions and he went inside Awadh complex. One Shree Pal came to the complainant and told that the present applicant is calling him. But the complainant denied to go inside the Awadh complex and on it co-accused persons with the instigation of applicant started thrashing the complainant and other companions and torn their clothes. Injuries were sustained by the complainant and others. The arrest of the applicant was stayed by this Court in Writ Petition No. 7976/07 till submission of the charge sheet. But the I.O. submitted-the charge sheet against the applicant and other co-accused persons.
(3.) Learned Counsel for the applicant argued that the applicant is a social worker and politician. In the year 1999 he was elected as Member of Parliament on ticket of BSP and now he is independent politician due to differences with the leaders of BSP. Due to the political rivalry a false case has been lodged against the applicant. Prima facie no offence is made out against the applicant. It is further argued that there is in ordinate delay in lodging the FIR and this also shows the falsity of the FIR. Independent witnesses have not supported the prosecution story. That the role of instigation has only been attributed to the applicant. It is further argued that the IO submitted charge sheet Under Section 506 IPC also but legally the case Under Section 506 IPC cannot proceed as a police case. The complainant must file a complaint for the offence Under Section 506 IPC. That the Division Bench of this Court in Virendra Singh v. State of U.P. struck down the amendment of U.P, Government by which Section 506 was made as cognizable and as non bailable and in this view of this settled law of this Court the charge sheet has been submitted Under Section 506 IPC is illegal and it cannot be proceeded. Learned Magistrate acted illegally in taking cognizance in this offence and this Judgment was followed in another Judgment of this Court in Santosh Kumar Trivedi v. State of U.P.,2007 58 ACC 998.;