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News By/Courtesy: Neha Mishra | 26 Dec 2021 12:37pm IST


  • The High Court was hearing three chargesheets moved by Shamshad Ahmad.
  • The High Court clubbed all three charge sheets together applying 'test of sameness'.
  • The High Court reprimanded the Magistrate of trial court for hearing the charge sheets separately.

The Allahabad High Court as of late coordinated the clubbing of three unique charge sheets documented by the Uttar Pradesh Police in bodies of evidence stopped against a section in individual the fights against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) in 2019. Justice Rajesh Singh Chauhan applied the 'trial of equality's and clubbed all the chargesheets regarding the present situation. The Court said that in the wake of taking cognisance of the underlying charge sheet, the Magistrate ought to have asked the exploring office for what good reason three separate charge sheets were petitioned for pretty much comparable episodes that happened around the same time. The request expressed, "Such long ways as to how the learned Magistrate has taken discernment in all the three decried charge-sheets is concerned, I should see that while taking insight he has not applied his sensible psyche and has not appreciated and examined the material accessible on record..." The Court was hearing three petitions moved by Shamshad Ahmad, director of the board caring for the everyday undertakings of a mosque arranged at Dargah Sharif in Bahraich, Uttar Pradesh.

The candidate looked for subduing of the three charge sheets recorded against him. Under the watchful eye of the High Court, counsel for the applicant presented that for one affirmed episode, which occurred around the same time, three unique FIRs ought not to have been stopped by the police. It was additionally contended that the trial of similarity is relevant in the current case, as has been clarified by the Supreme Court on account of Babubhai v. Province of Gujarat. All things considered, it was held that a subsequent FIR is responsible to be subdued assuming two FIRs identify with a similar episode in regard of a similar event or areas to the occurrences which are at least two pieces of a similar exchange. Counsel for the State went against the supplication and presented that considering Section 220(1) of the Code of Criminal Procedure (CrPC) since the candidate has not perpetrated a similar offence, however various ones, he should be pursued for all the charge sheets.

The Court alluded to a 2016 round given by the UP Police which disallowed the housing of numerous FIRs concerning one episode, and held that the 'trial of similarities would be appropriate. "In the current case, Investigating Officer ought to have clubbed every one of the FIRs and ought to have recorded one charge-sheet. Such demonstration of clubbing would have been in similarity with the Circular No.DG21/2016 dated 26.04.2016, which has been given by the Director-General of Police, Uttar Pradesh in consonance with the heading of Hon'ble Apex Court gave in re: T.T. Anthony (supra)," the Court held. Consequently, the Court coordinated for the clubbing of the three charge sheets, noticing that the event showed in the second and third FIR was by all appearances a drop out of the principal event demonstrated in the main FIR.

Section Editor: Kadam Hans | 26 Dec 2021 21:01pm IST

Tags : #charge sheets #Allahabad #High Court #IPC #Clubbed together #judges #magistrate #UP #quashing #FIR

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