High Court
Case Details
Neutral Citation No. - 2024:AHC:196081 Court No. - 91 Case :- APPLICATION U/S 482 No. - 42995 of 2024 Applicant :- Abu Salim And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
Legal Reasoning
5. Per contra, learned A.G.A. has vehemently opposed the application and contended that there is injury on the person of the informant. In his statement, the victim has stated that he has told a lie before the doctor that the said injury has been sustained from tin shed not from the knife as there was a chance that the doctor could have refused to treat him because of a police case. It is further submitted that the Court below has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings. 6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court. 7. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:- "(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party. (vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 8. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 9. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgements mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 13.12.2024 S.P.
Arguments
1. Heard Sri Ashok Kumar Singh, learned counsel for the applicants, Sri Neelkant Upadhyay, learned Additional Government Advocate for the State-opposite party no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing of charge-sheet dated 09.10.2020 passed by A.C.J. (J.D.) VII/J.M., Jaunpur in Case Crime No.244 of 2020 (Case No.406 of 2023), under Sections 324, 504, 506 IPC, P.S. Khutahan, District Jaunpur. 3. Brief facts of the case are that an FIR was lodged by the informant on 26.09.20220 alleging that in the night of 24.09.2020 at about 1 AM the applicants took away his nephew and beaten him up due to which his nephew sustained injuries on his neck. On the information given by his nephew on mobile, the informant reached on the spot and took him to the Hospital. In the instant matter, after investigation charge sheet has been filed and the trial Court has taken cognizance vide order dated 01.08.2023, which is under challenge by means of instant application. 4. Learned counsel for the applicants submits that the FIR was lodged after lapse two days of the incident. He further submits that opposite party no.2 has given a statement before the doctor that the injury so caused was because of the tin shed. The statement of the doctor do not corroborate with the contents of FIR. He further submits that the applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants.