Allahabad High Court
Kasif Ali @ S. Kashif Ali Kirmani ... vs State Of U.P. And Another on 8 July, 2019
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- APPLICATION U/S 482 No. - 26005 of 2019
Applicant :- Kasif Ali @ S. Kashif Ali Kirmani And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Manoj Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Vakalatnama, filed by Sri Akhilesh, Advocate, on behalf of Opposite party no.2, is taken on record.
This Application, under Section 482 of Code of Criminal Procedure, 1973 (In short Cr.P.C.), has been filed by the applicants against the State of U.P. and Smt. Nasreen Begum, with a prayer for quashing of prosecution of applicants, including congizance taking order dated 3.4.2019, passed by the Chief Judicial Magistrate, Aligarh over the chargesheet, dated 18.2.2019, in Case No. 1692 of 2019, pending before the Chief Judicial Magistrate, Aligarh, under Section 147, 452, 323, 354, 504, 506 IPC, at Police Station Civil Lines, Aligarh.
Learned counsel for the applicant argued that this case was got registered, after a period of five months of alleged occurrence, on 24.12.2018 whereas occurrence has been said to be of 29.7.2018. Applicants are lawful tenants of the premises in question. They are depositing rent in the suit for eviction and they have mentioned their possession. No motive or reason for committing alleged occurrence was there nor any such occurrence ever occurred, rather it was a false accusation over which a false chargesheet was got filed and in routine cognizance order was passed, hence, this proceeding, with above prayed relief.
Learned counsel for the Opposite party no.2 as well as learned AGA, representing State of U.P., have vehemently opposed this Application with contention that the case was got registered, investigated and chargesheet was filed over which the Magistrate has taken cognizance and there is sufficient evidence for submission of chargesheet, hence this application be rejected.
Having heard learned counsel for both sides and gone through the materials, placed on record, it is apparent that the case crime no. 816 of 2018 was got registered at Police Station Civil Lines, Aligarh on 24.12.2018 at 23.53 PM upon a report of Smt. Nasreen Begum against present applicants, namely Kasif Ali @ S. Kashif Ali Kirmani, Nasit Ali, Wasit Ali, Asim Ali and Wajid Ali with this contention by informant Smt. Nasreen Begu, wife of Anwar Ahmad, R/o Ration Card Wali Gali, Jamalpur, Civil Lines, District Aligarh, that her husband had purchased House No. 4/75, Situated at Anoop Shahar Road, Civil Lines, District Aligarh on 13.3.2016, by way of registered sale deed and the above-named accused persons were residing in the above house. They, at the time of purchase of the house in question, assured for vacating the house within six months from sale and when, after purchase, on 29.7.2018, informant's husband went to his purchased house and asked for getting the house vacated, all of them became furious and abusive. Subsequently, on 29.7.2018, in furtherance of same, they did criminal trespass at the house of the informant at 7.00 PM and they had assaulted informant's husband and threatened with dire consequences, if asked to vacate the house in question, and when the informant came to rescue her husband, they outraged her modesty and on protest being made threatened of dire consequences to her also. Meaning thereby, purchase of house and eviction thereof is a dispute of civil nature for which a proceeding by way of eviction suit is there. This is the motive of present occurrence and this occurrence has taken place at the residence of the informant on above date and time. After this report was got lodged, this case crime number was got investigated in which chargesheet was filed. There is statement of informant as well as other witnesses recorded, under Section 161 Cr.P.C. in which reiteration of occurrence is there and on the basis of the same this chargesheet for above offence, punishable under Sections 147, 452, 323, 504, 506, 354 IPC was filed in the court of Chief Judicial Magistrate, Aligarh and the Chief Judicial Magistrate has taken cognizance vide order dated 3.4.2019. Meaning thereby, there was statement, under Section 161 Cr.P.C., resulting submission of chargesheet and cognizance taken by the Magistrate, concerned.
In exercise of inherent power, under Section 482 Cr.P.C., the factual aspect is not to be noticed by this Court because the same is within the jurisdiction of trial court and also question of taking cognizance on the chargesheet, on whatever material is there, under Section 161 Cr.P.C., is based upon submission of chargesheet and cognizance taking order of the Magistrate. Hence, there is sufficient ground for passing of above order by the Trial court.
This application lacks merit and it is rejected accordingly.
Order Date :- 8.7.2019
bgs/
