Allahabad High Court
Suresh Chandra And Another vs State Of U.P. And Another on 18 May, 2022
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 1229 of 2022
Applicant :- Suresh Chandra And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ramanuj Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The present application has been filed for quashing of the charge-sheet dated 24.09.2021 (charge-sheet no.449 of 2021) and summoning order dated 01.12.2021 as well the entire proceedings of Case No.587/2021 (State vs. Suresh Chandra and others), arising out of Case Crime No.0268/2021, under Sections 452, 323, 324, 427, 504 and 506 IPC, P.S. Iglas, District Aligarh, pending in the Court of Chief Judicial Magistrate, Iglas, District Aligarh.
It has been argued by the learned counsel for the applicants that no prima facie case is made out against applicants. It has been submitted that in fact applicant no.1 has lodged an first information report on 15.05.2021 against the husband of opposite party no.2 and seven others for offences under Sections 147, 148, 452, 323, 504, 506 and 307 IPC regarding an incident, which took place on 15.05.2021 at 11.30 AM. After that the first information report of this case has been got lodged by opposite party no.2 on 16.05.2021 at 23.30 hours making false and baseless allegations, as a counter blast of the first information report, which was lodged from the side of applicant no.1. Both injured persons have sustained merely simple injuries. Learned counsel submitted that the allegations made against applicants are thoroughly false and that no specific role has been assigned to applicants. It was submitted that in view of above stated facts and circumstances of the matter, no prima facie case is made out against applicants.
Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. It was submitted that both the injured persons have sustained several injuries.
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 applicants 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.
After considering arguments raised by the learned counsel for parties and perusing the impugned charge-sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.PC. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the applicants, on the basis of which the impugned charge-sheet can be quashed going by the settled law in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing of impugned charge-sheet is refused.
However, keeping in view the facts of the matter, it is directed that in case, applicants appear and surrender before the court below within 45 days from today and apply for bail, their bail application shall be considered and decided expeditiously, in accordance with settled law. For a period of 45 days from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observations, the instant application is disposed of finally.
Order Date :- 18.5.2022
Neeraj
