Allahabad High Court
Arun Kumar vs State Of U.P. And Another on 17 May, 2022
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- APPLICATION U/S 482 No. - 28732 of 2021
Applicant :- Arun Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Singh Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application under section 482 Cr.P.C., the applicant has invoked the inherent jurisdiction of this Court for quashing of the charge-sheet dated 17.08.2017 and order dated 08.11.2021 as well as the entire proceedings of Case No.187/2017 (State Vs. Arun Kumar and others), case crime no.238/2017, under Section 2/3 of Prevention of Damages to Public Property Act, 1984, P.S. Charkhari, District Mahoba, pending in the Court of Judicial Magistrate, Charkhari, Mahoba.
It has been argued by the learned counsel for the applicant that the first information report of this case was lodged making false and baseless allegations and that the charge-sheet has been submitted without proper investigation. It has been submitted that no prima facie case is made out against applicant. Alternatively, it was also argued that applicant may be granted some interim protection so that he may get bail from the court concerned.
Learned AGA has argued that in view of allegations made in the first information report and material collected during investigation, it cannot be said that no offence is made out against the applicant.
The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if 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, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases.
In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and 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.
Accordingly, the prayer for quashing of charge-sheet is refused.
However, it is directed that in case, applicant appears and surrenders before the court below within three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously, in accordance with settled law. For a period of three weeks from today or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
With the aforesaid observations, the instant application is disposed of finally.
Order Date :- 17.5.2022
Neeraj
