Hon'ble Supreme Court in the matter of State of Haryana v. Bhajan Lal

1. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri G.P. Singh, learned Additional Government Advocate for the State- opposite party and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying to set aside the impugned Charge-sheet dated 25.12.2023, the cognizance order as well as Summoning order dated 07.08.2024 in Case No. 1098 of 2024 arising out of Case Crime No. 30 of 2023, P.S. Todi Fatehpur, District Jhansi, under section 413, 201 I.P.C. passed by learned Special Judge, Jhansi.

3. Learned counsel for the applicant submits that F.I.R. of the incident was lodged on 09.03.2023 under section 394 I.P.C. against unknown persons, in which it is alleged that some unknown person entered into the house of complainant and on the gun point committed robbery and took away gold ornaments and cash. After investigation police has submitted charge-sheet on 18.05.2023 against eight accused persons, in which applicant was not named. During investigation, in the confessional statement of one of the charge-sheeted co-accused name of the applicant was surfaced and it was found that the applicant who is goldsmith was involved in this case, as the entire robbed jewellery was sold to him. Thereafter, Investigating Officer submitted second charge-sheet in the matter against the applicant under section 413, 201 I.P.C., upon which court has taken cognizance and rightly summoned the applicant, which is subject matter of challenge in the instant application.

4. Learned counsel for the applicant submits that nothing incriminating has been recovered from the applicant and applicant has been falsely implicated in the instant matter and also identification parade has not been made while implicating the applicant. He further submits that applicant has no criminal history.

5. Per contra, learned A.G.A. has vehemently opposed the application and contended that in the confessional statement it is clearly stated that the looted jewellery was sold to the applicant. He further submits that on one hand applicant submits that he has no criminal history but in this regard a specific averment has been made in para 38 that apart from the present matter one more case of Gangster Act was initiated against the applicant. 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 applicant(s). All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 528 of BNSS, 2023. 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./ 528 of BNSS. 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 judgments 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 applicant. 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 528 of BNSS, 2023 cannot be entertained and is, accordingly, dismissed. Order Date :- 2.4.2025 Bhanu

1. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri G.P. Singh, learned Additional Government Advocate for the State- opposite party and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying to set aside the impugned Charge-sheet dated 25.12.2023, the cognizance order as well as Summoning order dated 07.08.2024 in Case No. 1098 of 2024 arising out of Case Crime No. 30 of 2023, P.S. Todi Fatehpur, District Jhansi, under section 413, 201 I.P.C. passed by learned Special Judge, Jhansi.

3. Learned counsel for the applicant submits that F.I.R. of the incident was lodged on 09.03.2023 under section 394 I.P.C. against unknown persons, in which it is alleged that some unknown person entered into the house of complainant and on the gun point committed robbery and took away gold ornaments and cash. After investigation police has submitted charge-sheet on 18.05.2023 against eight accused persons, in which applicant was not named. During investigation, in the confessional statement of one of the charge-sheeted co-accused name of the applicant was surfaced and it was found that the applicant who is goldsmith was involved in this case, as the entire robbed jewellery was sold to him. Thereafter, Investigating Officer submitted second charge-sheet in the matter against the applicant under section 413, 201 I.P.C., upon which court has taken cognizance and rightly summoned the applicant, which is subject matter of challenge in the instant application.

4. Learned counsel for the applicant submits that nothing incriminating has been recovered from the applicant and applicant has been falsely implicated in the instant matter and also identification parade has not been made while implicating the applicant. He further submits that applicant has no criminal history.

5. Per contra, learned A.G.A. has vehemently opposed the application and contended that in the confessional statement it is clearly stated that the looted jewellery was sold to the applicant. He further submits that on one hand applicant submits that he has no criminal history but in this regard a specific averment has been made in para 38 that apart from the present matter one more case of Gangster Act was initiated against the applicant. 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 applicant(s). All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 528 of BNSS, 2023. 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./ 528 of BNSS. 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 judgments 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 applicant. 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 528 of BNSS, 2023 cannot be entertained and is, accordingly, dismissed. Order Date :- 2.4.2025 Bhanu