Allahabad High Court
Uday Bhan And 3 Others vs State Of U.P. And Another on 22 November, 2022
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 25591 of 2022
Applicant :- Uday Bhan And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashish Goyal,Aditya Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State.
The prayer in the present application is to quash the entire criminal proceeding of Complaint Case No.108 of 2019, under Sections 323, 504 IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1969, Police Station-Raunapar, District-Azamgarh.
It is submitted that in this case, the incident took place on 23.4.2019 and complaint was filed after two months, thereafter against the applicants including one married sister. It is also submitted that no F.I.R. was lodged by the complainant against the applicants at the police station. The injured persons went to the hospital for medical examination themselves but not referred by the police in this way it cannot be said that incident as alleged took place and injuries were caused to the complainant side by these applicants. The allegations made in the complaint against all the members of the family cannot be said to be true but they are made party for the purposes of harassment. The court concerned also did not consider all these facts while passing the order for summoning dated 22.04.2022 which cannot be said to be based on the facts of the case, therefore requested to quash the same.
Learned A.G.A. opposed the prayer for quashing the proceedings of the case and urged that in this case there are two injured persons who sustained injuries in the aforesaid incident and injuries were found on their person during medical examination on the same day. At this stage, it cannot be said that those injury reports were obtained fraudulently or injured persons sustained injuries on some other place and to implicate the applicants falsely made such allegations. Only on the basis of delay in filing complaint the allegations cannot be said to be false.
On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties and perusal of record, it appears that there is allegation of making assault by the applicants against the complainant and from the complainant side two persons sustained injuries. Their injuries were examined on the same day at the hospital and several injuries were found on their person. In the complaint, it has been stated by the complainant that they went to the police station but F.I.R. was not lodged and they were said to go to the hospital for medical examination. They went to the P.H.C.-Azamgarh where medical examination was done, the police did not register their case regarding which they sent information to the S.P. Azamgarh but no steps were taken in this regard, as a result, this complaint was filed. The complainant and other witnesses have made statements in support of the allegations made in the complaint under Sections 200 and 202 Cr.P.C. At this stage, the authenticity and reliability of the statements of the witnesses cannot be decided but it can be done only during trial. There appears no ground to quash the summoning order as well as entire proceedings of the aforesaid case.
However, in case, applicants appear and move bail application before the court concerned within a period of 30 days, it shall be disposed of as expeditiously as possible in the light of the judgment of Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773.
Accordingly, this application is disposed of finally.
Order Date :- 22.11.2022
Jyotsana
