Allahabad High Court
Yuvraj Singh And 3 Others vs State Of U.P. And Another on 8 April, 2022
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- APPLICATION U/S 482 No. - 25235 of 2021
Applicant :- Yuvraj Singh And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anshuman Vidhu Chandra
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge-sheet dated 01.04.2019, cognizance order dated 04.09.2019 as well as the entire proceedings of Sessions Trial No.442 of 2019 (State v. Yuvraj Singh & Ors.) (arising out of Case Crime No.0093 of 2019, under Sections 323, 504 IPC and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-1989 (in short 'the Act-1989'), Police Station-Tharwai, District Prayagraj.
It is submitted by learned counsel for the applicants that witnesses of the prosecution case, Ramesh Singh has died and other witnesses namely Shyam Singh and Ram Chandra Bhartiya have not supported the prosecution case. It is further submitted that there remains no evidence to prove the prosecution case.
Learned A.G.A. for the State, at the very outset, pointed out that present application under Section 482 Cr.P.C. is not maintainable after insertion of Section 14-A(1) in the Act-1989. Reliance has also been placed on the Full Bench judgment of this Court dated 10.10.2018 passed in Criminal Writ-Public Interest Litigation No.8 of 2018 (In re Provision Of Section 14-A of SC/ST (Prevention of Atrocities) Amendment Act, 2015 v. Nil) alongwith Criminal Misc. Bail Application No.38755 of 2017 and Criminal Writ-Public Interest Litigation No.11 of 2018. It is also submitted by the learned A.G.A. that the statements of witnesses Shayam Singh and Ram Chandra Bhartiya were yet not recorded in the court and they have only submitted their affidavit meaning thereby that applicants have tried to temper with the witnesses. It is further submitted that at this stage appreciation of evidence cannot be done.
I have gone through the file.
The relevant Section 14-A(1) of the Act-1989 reads as follows:-
"14A Appeal-(1) Notwithstanding anything contained in the Code of Criminal Procedure-1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law."
Moreover, appreciation of evidence cannot be done at the stage of 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.L.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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & Ors, 2020 SCC Online SC 850.
In this case, it is apparent from the record that the applicants have tried to temper with the witnesses. The power under Section 482 Cr.P.C. is a discretionary power and it cannot be exercised in favour of the person who had shown thumb to the judicial system.
In view of the above, I find no force in the application under Section 482 Cr.P.C.
The application is, accordingly, dismissed.
Order Date :- 8.4.2022
Jyotsana
