Allahabad High Court
Subash Chand Bind vs State Of U.P.And 2 Others on 27 May, 2022
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- APPLICATION U/S 482 No. - 12587 of 2022
Applicant :- Subash Chand Bind
Opposite Party :- State Of U.P.And 2 Others
Counsel for Applicant :- Raj Kamal,Ashok Kumar Pal
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.
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 08.12.2021 as well as the entire proceedings of case crime no.0259/2021, under Section 147, 323, 504, 452, 354 (Kha), 394, 352, 427, 506 IPC, P.S. Machli Sahar, District Jaunpur, pending in the Court of Chief Judicial Magistrate, Jaunpur.
It has been argued by the learned counsel for the applicant that the applicant is innocent and no prima facie case is made out against him. The first information report of this case has been lodged by opposite party no.2 making false and baseless allegations. In fact the dispute relates regarding partition of joint family property and that both the parties belongs to same family. The complainant has not sustained any injury. It has been submitted that the allegations of complainant that applicant and co-accused persons have torn clothes or outraged her modesty, are thoroughly false and improbable. Statements of complainant and of other witnesses were referred and it is submitted that at all no prima facie case is made out against applicant.
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 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.
After considering arguments raised by the learned counsel for parties and perusing the impugned complaint 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 complaint 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 proceedings is 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 :- 27.5.2022
Neeraj
