State v. Jairam and others), arising out of Case Crime No
Case Details
Neutral Citation No. - 2024:AHC:144458 Court No. - 82 Case :- APPLICATION U/S 482 No. - 28681 of 2024 Applicant :- Jayram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dushyant Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Legal Reasoning
Heard learned counsel for the applicants, learned A.G.A. for the State-respondents and perused the record. This application under Section 482 Cr. P.C. has been filed by applicants with the prayer to quash the quash the entire proceedings of Case No. 3592 of 2024 (State Vs. Jairam and others), arising out of Case Crime No. 119 of 2023, under Sections 308, 323, 325, 504 I.P.C., Police Station Aliganj, District Bareilly, pending in the court of Judicial Magistrate-II Anwla, District Bareilly as well ass charge sheet dated 15.02.2024 along with cognizance order dated 08.04.2024 passed by Judicial Magistrate- II, Anwla, District Bareilly. It is submitted by the learned counsel for the applicants that in this case, an N.C.R. No.0031 of 2023 was lodged by the opposite party no.2, under Sections 323 and 504 I.P.C. against the applicants regarding an incident which took place at 8.30 A.M. It is further submitted that on 31.08.2023 an FIR was lodged as Case Crime No. 119 of 2023 regarding the same incident by the police. It is also submitted that during the medico legal examination of the injured Tara Chandra, false injuries were shown by the doctor and also fracture was found on his head, but Medical Board also examined the injury of Tara Chandra and at that time no injury was found on his head. It is also submitted that during the course of examination, the name of other injured, namely, Sita Ram was also added, though neither in the first information report nor in the N.C.R. Sita Ram was shown present at the place of occurrence, this infers falsity of the case. It is also submitted that from the fact of the case and nature of injuries caused to the injured, no case under Section 308 I.P.C. can be said to be made out, even though learned court took cognizance of the offence on the basis of the charge sheet under Sections 308, 323, 325, 504 I.P.C., therefore, request to quash the entire proceedings of the case including the order of cognizance dated 08.04.2024. Learned A.G.A. opposed the prayer as aforesaid and contended that the incident took place on 05.06.2023 and medical examination of injured Tara Chandra was also done on the same day and he was taken to the hospital by home guard, namely, Puran Lal from the police station. Four injuries were found on his person including lacerated wound over central fromto parital region present 9 1/2 C.M. above the left eye brow. X-ray was advised by the doctor in which no any fracture was found, but the 2nd, 3rd, 4th and 5th metatarsl bone of left foot was found fractured. Medical Board was constituted. The injuries on the person of the injured were re-examined in which it was found that there was no fracture on his skull, but the 2nd, 3rd, 4th and 5th metatarsl bone of left foot was found fracture, likewise in the same incident, Sita Ram was also sustained injury but his name was left from mentioning in the first information report and he was also medically examined later on and injuries were found on his person. The N.C.R. was converted into crime number and it was merged in Case Crime No. 119 of 2023. This case was found to be made out under Sections 308, 323, 325, 504 I.P.C. Investigation was also done and charge sheet was filed by the Investigating Officer. At this stage, the statements of witnesses cannot be examined, but it is possible during the course of the trial. So far as, the offence under Section 308 I.P.C. is concerned, it will be seen by the trial court at the time of framing of the charges and the applicants may have an opportunity of hearing on the point of the charges, therefore, at this stage the case cannot be said to be false. On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties as well as learned A.G.A., perusal of record, the contents of the N.C.R./FIR, medico legal report, X-ray report and re-examination of the injured before the medical board, it appears that regarding incident, N.C.R. was lodged at the police station which was converted into crime number as aforesaid and the injuries on the person of injured Tara Chandra were got examined on the same day and he was sent from the police station, therefore, at this stage, it cannot be said that injuries are fabricated and injury report was procured by illegal means. So far as non mentioning the name of injured Sita Ram, there appears no illegality in adding his name as injured, during the course of investigation on the basis of material collected by the Investigating Officer. Even at the time of re-examination of the injured before the Medical Board, no any variance was found in the injury report as prepared by the medical officer and the radiologist. Prima facie case under Section 308 I.P.C. is made out or not will be seen by the learned trial court at the time of framing of the charges and applicants may have an opportunity of being heard at that time. In this way, there appears no ground to grant indulgence in favour of the applicants, as a result, prayer for quashing the entire proceeding including the charge sheet is hereby refused. However, applicants may have an option to move an application for discharge before the learned trial court at an appropriate stage, which shall be heard and decided in accordance with law on the basis of material available on record. Learned counsel for the applicants requests that some direction be issued to the court concerned regarding bail, as the applicants want to surrender before the learned trial court.
Decision
In view of the above, present application is disposed of with the direction to the learned trial court that if the applicants appear before the trial court within 45 days from today and move an application for bail, the same shall be decided as soon as possible in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. Order Date :- 5.9.2024 T.S.