Sushil Kumar Litauria vs State of U.P.

I.M. Quddusi, J.—Heard learned Counsel for the petitioner and learned A.G.A.

The brief facts of the case are that a First Information Report was lodged on 101096 at 4 p.m. by one Yogendra Pal Sharma SubRegistrar, Moth against the accused Saheb Singh and another which was registered in P.S. Moth, district Jhansi as Case Crime No..........86, under Sections 419, 467,468, IPC. Thereafter, after completion of the investigation the Investigating Officer filed a Chargesheet which was registered as case No. 391/89, under Sections 467, 468, 419, IPC in which the applicant was shown as informant and Saheb Singh and Puran Singh were accused. The role of the applicant was that he was drafter of the deed in the name of Hari Babu son of Laxmi Narain and Saheb Singh son of Puran Singh. The witness shown in the said deed was Gulab Singh son of Mahrab Singh and the said deed was made in favour of one Puran Singh son of Panna and Saheb Singh tried to get the same registered.

The learned Magistrate/Civil Judge (Junior Division) Jhansi summoned the applicant under Section 319, Cr. P.C. as an accused without recording any evidence but only on the basis of the saledeed holding that there appears conspiracy of the applicant with other accused persons. He has not discussed any evidence on the basis of which he has drawn any inference that there was conspiracy between the accused and applicant. It is fact that the writer of the deed was the applicant but it is not mentioned that the applicant had not written the deed genuinely. Hence without recording any evidence which may involve the applicant as one of the conspirators nothing can be alleged against him and as such he may not have been summoned under Section 319, Cr. P.C. The investigating Officer has made him witness in the chargesheet to get the fact ascertained as he was the person who contacted him to draft the deed.

In view of the aforesaid observations the summoning order is bad and the same is set aside. It will be open for the learned Magistrate to pass afresh order on the basis of the material or evidence on record if available, or in future in case any such evidence becomes available on the basis of which the inference may be drawn the applicant was conspirator in the execution of the said saledeed.

In the result, the present petition stands allowed. Petition allowed.