Allahabad High Court
Karan Singh vs State Of U.P. And Others on 20 May, 2022
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- APPLICATION U/S 482 No. - 23589 of 2021
Applicant :- Karan Singh
Opposite Party :- State of U.P. and Others
Counsel for Applicant :- Chandra Prakash Pandey
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 cognizance/summoning order dated 10.09.2020 and the charge-sheet no.13/2020 (charge-sheet dated 02.03.2020) as well as the entire proceedings of Case No.7235/2020 (State Vs. Karan Singh), case crime no.84/2019, under Section 379, 411, 413 IPC and Section 3/4 Public Property Damages Act & Section 207 M.V. Act, P.S. Kakarwai, District Jhansi, pending in the Court of Judicial Magistrate, Court No.1 Jhansi.
It has been argued by the learned counsel for the applicant that the applicant is not named in first information report and that charge-sheet has been submitted in a routine manner without proper investigation and that there is no credible evidence against him. Learned counsel has referred the first information report and statements of witnesses and submitted that applicant was not involved in any illegal mining and he has no concern with the alleged incident. It was submitted that no prima facie case is made out against applicant.
Learned AGA has submitted that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against applicant.
I have considered the rival submissions of the parties.
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.
In view of the material on record and considering the law laid down by Hon'ble Apex Court in case ofState of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 and State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192, no case for quashing of impugned proceedings, charge sheet or cognizance order is made out. Hence, the prayer as made above is hereby refused.
However, keeping in view the facts of the matter, it is directed that in case, applicant appears and surrenders before the court below within 30 days from today and applies for bail, his bail application shall be considered and decided expeditiously, in accordance with settled law. For a period of 30 days 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 :- 20.5.2022
Neeraj
