Court No.

- 65

Case :- APPLICATION U/S 482 No. - 10107 of 2023

Applicant :- Sohanveer Singh Tomar And 3 Others

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

Counsel for Applicant :- Satya Prakash Rai,Devid Kumar

Singh,Prateek Rai
Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

1. Heard Mr. Prateek Rai, the learned counsel for applicants and
the learned A.G.A. for State.

2. Perused the record.

3. Supplementary affidavit filed by the learned counsel for

applicants in Court today, is taken on record.

4. This application under Section 482 Cr.P.C.has been filed

challenging the entire proceedings of Case No. 5270 of 2020
(State Vs. Sohanveer Tomar), under Sections 147, 323, 352,
504, 506 and 307 IPC, P.S. Sihani Gate, District Ghaziabad.

4. Record shows that in respect of an incident, which is alleged

to have occurred on 17.06.2020, a delayed F.I.R. dated
24.06.2020 was lodged by first informant opposite party 2 and
was registered as Case Crime No. 1078 of 2020, under Sections
147, 323, 352, 504, 506 IPC, P.S. Sihani Gate, District
Ghaziabad. In the aforesaid F.I.R. four persons namely
Sonhanveer Tomar, Somveer Tomar, Pramod Tomar and Vikas
Tomar have been nominated as named accused, whereas two
unknown persons have also been arraigned as accused.

5. After lodging of aforementioned F.I.R., Investigating Officer

proceeded with statutory investigation of concerned case crime
number in terms of Chapter XII Cr. P. C. On the basis of
material collected by him during course of investigation,
Investigating Officer came to the conclusion that complicity of
applicants is established in the crime in question. Accordingly,
Investigating Officer submitted the charge sheet dated
30.8.2020, whereby and whereunder, applicants have been
charge sheeted under Sections 147, 307, 323, 504, 506 and 352
IPC.

6. After the aforementioned charge sheet was submitted, Senior

Superintendent of Police, Ghaziabad, on the request of named
and charge sheeted accused Sohanveer Tomar passed an order
dated 25.10.2021 directing the Station House Officer of Police
Station Sihani Gate, District Ghaziabad to obtain the permission
of the Court and thereafter further investigate the matter in
terms of Section 173 (8) Cr. P. C. In compliance of above,
concerned Investigating Officer submitted an application dated
28.10.2021 before Court below seeking permission of the Court
to further investigate the matter. Court concerned, vide order
dated 29.10.2021 passed on the said application granted the
permission. Resultantly, further investigation of concerned case
crime number commenced. On the basis of subsequent material
collected by the Investigating Officer, he came to the
conclusion that prima facie offence complained of against
applicants is not made out. He, accordingly, submitted the
supplementary police report dated 18.12.2021 (final report).
However, Court below without proceeding to decide the matter
in the light of aforementioned two police reports has
continuously passed orders for securing the presence of the
accused. It is thus urged that in view of the supplementary
police report submitted in favour of applicants, the entire
proceedings are liable to be quashed by this Court.

7. Per contra, the learned A.G.A. has opposed the present

application. He submits that the issue as to what shall be the
procedure to be followed by Court upon submission of two
contrary police reports under Section 173 (2) Cr. P. C. is no
longer res-integra and stands concluded by the judgement of the
Supreme Court in Vinay Tyagi Vs. Irshad Ali, 2013 (5) SCC,
762.

8. In view above, the order passed by Court below issuing non-

bailable warrants against applicants cannot be flouted with. As
such, no interference is required by this Court in present
application.

9. Be that as it may, the issue remains admittedly that there are

two contrary police reports in the same case crime number. The
custody or otherwise presence of the applicants shall be
necessary only after decision is taken by Court below to
proceed against the applicants. In view of aforementioned
anomalous position, it is provided that applicants shall appear
before Court below on 17.4.2023. Court below shall enlarge the
applicants on interim bail and thereafter decide the matter in the
light of law laid down by Apex Court in Vinay Tyagi (supra).
The bail application of applicants shall thereafter be decided by
Court below on its own merit.

10. With the aforesaid directions, this application is finally

disposed of.
 Order Date :- 10.4.2023/HSM

Digitally signed by :-
HARI SHANKER MISHRA
High Court of Judicature at Allahabad