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by Admin
07 May 2024 2:49 AM
The Allahabad High Court has quashed the summoning order and charge sheet against Monu Kumar in a case alleging obscene acts and comments under Section 294 of the Indian Penal Code (IPC). The judgment, delivered by Justice Shamim Ahmed on May 30, 2024, criticized the investigation for being hasty and tainted, with significant procedural lapses that undermined the integrity of the case.
Background of the Case: Monu Kumar, a bright undergraduate student at Rajkiya Mahavidyalaya, Unnao, affiliated with Chhatrapati Sahu Ji Maharaj University, Kanpur, was implicated in a case under Section 294 IPC. The case stemmed from an incident on December 17, 2023, when Kumar and his friends were allegedly caught making obscene comments towards women passing by Jumka Nala bridge. The police registered an FIR against Kumar and his friends based on this incident, leading to a swift and controversial investigation and subsequent charge sheet.
Court Observations and Views:
Investigation Irregularities: Justice Ahmed highlighted the investigation’s numerous flaws, noting the failure to follow mandatory provisions of the Cr.P.C. “The investigation conducted in this case was marked by haste and a failure to follow due process, including the neglect of mandatory provisions under Sections 100 and 165 Cr.P.C.,” the court observed. The absence of independent witnesses or examination of the females allegedly subjected to the obscene comments critically weakened the prosecution’s case.
Absence of Independent Witnesses: Despite the incident occurring at a busy public location, no independent witnesses were included in the investigation. “The absence of independent witnesses or statements from the females allegedly affected by the comments raises serious doubts about the integrity of the investigation,” noted Justice Ahmed. This lack of corroborating evidence was a significant factor in the court’s decision to quash the proceedings.
Role of Accused and Case Circumstances: The court considered Monu Kumar’s personal circumstances, highlighting his academic background and lack of prior criminal record. “The applicant, a bright undergraduate student, appears to have been arbitrarily implicated without substantial evidence,” remarked Justice Ahmed. The court emphasized that Kumar’s implication seemed driven by ulterior motives rather than factual guilt, resulting in a miscarriage of justice.
The judgment underscored the necessity for judicial diligence when issuing summoning orders. Citing precedents from the Supreme Court, including Inder Mohan Goswami v. State of Uttaranchal and Lalankumar Singh v. State of Maharashtra, the court reiterated that summoning orders must be based on adequate evidence and thorough judicial application. “The summoning order in this case lacked the necessary judicial application of mind, making it arbitrary and unsustainable,” stated Justice Ahmed.
Justice Ahmed emphasized, “The investigation was conducted in a manner that overlooked mandatory provisions of criminal law, resulting in a false, fabricated, and concocted case against the applicant.” He further noted, “The order of issuance of process must reflect a prima facie case and sufficient grounds for proceeding, which was evidently missing here.”
Decision: The Allahabad High Court’s decision to quash the summoning order and charge sheet against Monu Kumar underscores the importance of thorough and unbiased investigations in the criminal justice system. By highlighting the procedural lapses and the arbitrary nature of the proceedings, the judgment sets a significant precedent for upholding the principles of justice and the rule of law. This decision is expected to influence future cases, reinforcing the necessity for diligent and fair investigations before implicating individuals in criminal offenses.
Date of Decision: 30th May 2024
Monu Kumar vs. State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Deptt. Lko. And Another
