Allahabad High Court
Khem Karan vs State Of U.P. And Another on 3 October, 2016
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 27472 of 2016
Applicant :- Khem Karan
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Anil Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar, J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present application under Section 482 Cr.P.C has been moved for quashing the entire proceeding of Case No 11190 of 2015, (State Vs. Khem Karan & Ors.), under Section 302 I.P.C, Police Station ? Khair, District ? Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh, and for quashing the charge ? sheet dated 17.06.2015 (Annexure No. 12 to the affidavit) arising out of Case Crime No. 557 of 2014, under Sections 302, 326, 504, 506 I.P.C Police Station ? Khair, District Aligarh.
Learned counsel for the applicant contends that opposite party no. 2 lodged F.I.R under Sections 302, 326, 504, 506 I.P.C as Case Crime No. 557 of 2014, against Pawan, Rinku and Suraj Pal for causing death of her wife in whose favour he had executed a sale-deed of his two and half Bigha land on 21.07.2012; that Pawan S/o Vijendra Singh administered some sedative / intoxicate to the applicant and obtained sale-deed of his (applicant's) land in his favour, regarding which civil suit for cancellation of said sale-deed is pending before the civil court; that on 25.09.2014 above Pawan, Rinku and Suraj Pal threatened the applicant and his wife for withdrawal of civil suit and started indiscriminate firing as well as caused loss of tooth of applicant by beating him with the pistol; that upon investigation under influence as Ex. Member of Parliament - Vijendra Singh, the Investigating Officer after obtaining the evidences of certain persons exonerated the named accused and has falsely charge-sheeted the applicant, who is first informant of the case; that the applicant may not have any motive to cause death of his wife after forty years off marriage; that the applicant moved applications to the Superintendent of Police from time-to-time about the wrongful and unfair investigation, but no heed was paid; that in the circumstances the charge-sheet submitted against the applicant for the murder of his wife in Case Crime No. 557 of 201, Criminal Case No. 11190 of 2015 under Sections 302, 326, 504, 506 I.P.C, is liable to quashed.
Per contra, the learned A.G.A for the State submits that on the F.I.R lodged by the applicant, upon thorough investigation, it was found that the applicant after causing death of his wife has falsely implicated three persons and after due investigation, charge-sheet has been filed against the first informant; that the Investigating Officer has not committed any mistake or irregularity in submitting the charge-sheet; that it may not be presumed that applicant may not cause death of his wife; that the applicant is not alleged to have moved any application to the Magistrate concerned about the investigation being taunted under influence of some Ex. M.P - Vijendra Singh; that in any case, if the court comes to the conclusion that there is any requirement of further investigation, the Court may order for further investigation at any stage suo motu or on application by either party; that the correctness of allegations made by the applicant are to be decided upon the evidence to be adduced before the trial court and the evidence collected by the Investigating Officer can not be presumed to be incorrect; that the correctness of evidence collected by Investigating Officer may not be disputed by this Court in proceedings under Section 482 Cr.P.C.
Upon hearing learned counsel for the parties and perusal of record I find that at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which are to be decided by trial court upon evidence before it and 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 in cases of R.P. Kapur Vs. State of Punjab, A.I.R 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, 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. The disputed defence cannot be considered at this stage.
In view of discussions made above, I find that the applicant has failed to show any sufficient ground for exercise of inherent powers by this Court so as to prevent any abuse of process of court or otherwise to secure the ends of justice and there is no sufficient ground for quashing the entire proceeding of Case No 11190 of 2015, (State Vs. Khem Karan & Ors.), under Sections 302 I.P.C, Police Station ? Khair, District ? Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh. The application is devoid of merits and is liable to be dismissed.
However, if the applicant appears before the trial court and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
The application under Section 482 Cr.P.C is dismissed accordingly.
Interim order, if any, stands vacated.
Order Date :- 03.10.2016
Vinod.
