Allahabad High Court
Hajari Lal vs State Of U.P. And Another on 14 March, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 9805 of 2019
Applicant :- Hajari Lal
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Prakhar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,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 filed for quashing the entire proceedings of Case No. 606 of 2016 (State Vs. Hajari Lal) arising out of Case Crime No. 8 of 2016, under section 323, 452, 506 IPC, P.S. Uttraon, District Allahabad pending before the A.C.J.M.-10, Allahabad as well as the charge-sheet and summoning order dated 25.7.2016.
The submission of learned counsel for the applicant is that the applicant and O.P. No. 2 are real brother. There is a dispute of partition of property in between the applicant and O.P. No. 2. In FIR no weapon has been shown in the hands of applicant and there is no injury report on record to support the prosecution version. In fact, no offence is made out against the applicant. The I.O. has not conducted the investigation thoroughly and learned Magistrate while taking cognizance has passed the order on printed proforma which is not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.
On the other hand learned A.G.A. argued that in FIR it has been mentioned that applicant entered into the house of O.P. No. 2 and committed marpit with him and hurled abuses and threatened to him. It has further been mentioned that the O.P. No. 2 has sustained internal injury in this incident. The I.O. after collecting evidence has submitted charge-sheet under section 323, 452, 506 IPC. There is no ground to quash the impugned cognizance order as well as proceeding of the aforementioned case.
A perusal of the record shows that in FIR it has been mentioned that applicant entered into the house of O.P. No. 2 and assaulted upon him and caused injury to him and also threatened to him. During investigation the I.O. has recorded statement of O.P. No. 2 (informant) under section 161 Cr.P.C. in which he has supported the prosecution version and stated that applicant along with two other accused entered into his house and committed marpit with him with kicks and fists and also threatened to him and obtained the sign of O.P. No. 2 on a blank paper. Shiv Prakash and Smt. Kalawati are said to be eye witnesses of the alleged incident. In their statements they have also supported the prosecution version. The I.O. after collecting evidence has submitted the charge-sheet against the applicant. From the perusal of the record it can not be said that no offence is made out against the applicant. The charge-sheet has been submitted against the applicant under section 323, 452, 506 IPC. While passing the cognizance order if the Magistrate has not passed the detailed order merely on that basis the proceedings of this case can not be quashed.
Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceeding of the aforementioned case as well as charge-sheet and summoning order dated 25.7.2016, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 14.3.2019
Masarrat
