Allahabad High Court
Raj Kumari vs State Of U.P. Thru.Prin.Secy. And ... on 12 April, 2023
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 3510 of 2023
Applicant :- Raj Kumari
Opposite Party :- State Of U.P. Thru.Prin.Secy. And Another
Counsel for Applicant :- Ajay Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Ajay Kumar Singh, learned counsel for the applicant and Sri Vijay Prakash, learned A.G.A. for the State.
The instant application has been filed by the present applicant for quashing the impugned charge sheet no.205 of 2016, dated 12.06.2016, arising out of Crime No.710 of 2015 as well as entire criminal proceeding of Criminal Case no.2001 of 2016, State vs. Raj Kumari and other, pending in the Court of Judicial Magistrate, Gonda.
Learned counsel for the applicant has submitted that accused/ applicant is innocent, who has been falsely implicated in this case due to some ulterior reason.
His further submission is that the content of the first information report does not disclose any ingredients, which are essential to constitute offence under Section 379 I.P.C. He has also submitted that even during investigation, no credible evidence could be collected against the present accused/ applicant. Despite, this fact, a charge sheet came to be laid mechanically against the applicant.
Learned counsel for the applicant, on the basis of aforesaid submissions, has submitted that the present proceeding is nothing but an abuse of process of this Court and a malicious prosecution too, which deserves to be quashed.
Per contra, learned A.G.A. for the State has vehemently submitted that the law of quashing has been fairly settled in the celebrated judgment rendered by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and R.P. Kapur Vs. State of Punjab AIR 1960 SC 866.
His further submission is that in view of law laid down by the Hon'ble Supreme Court in Ramveer Upadhyay vs. State of U.P. reported in AIR 2022 SC 2044 and Rathish Babu Unnikrishnan vs. State (NCT of Delhi) reported in 2022 SCC OnLine SC 513, truthfulness or otherwise of the prosecution version or defence version cannot be looked into at this stage. At such an early stage to rush of this Court for quashing itself is an abuse of process of this Court as the trial has not progressed substantially.
Thus, in view of aforesaid, learned A.G.A. has submitted that the present application under Section 482 Cr.P.C. devoid of merit and deserves to be dismissed.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record including the first information report and the charge sheet laid against the present applicant, this Court is of considered view that in view of law laid down by the Hon'ble Supreme Court in Bhajan Lal's case (supra), R.P. Kapur's case (supra), Ramveer Upadhyay's case (supra) and Rathish Babu Unnikrishnan's case (supra), no ground for quashing the instant proceeding exists.
Accordingly, the prayer for quashing the proceedings under challenge is refused as this Court does not find any illegality, impropriety and incorrectness in the same. There is no abuse of court's process either.
However, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law including the plea that the alleged record, which is stated to have been stolen, has already been traced. In case, such an application is moved before the learned trial Court, the learned trial Court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
However, it is needless to mention that if the applicant applies for grant of bail, the court below shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill vs. Central Bureau of Investigation and others : MANU/SC/1024/2021.
With the aforesaid observations, the instant application is finally disposed of.
Order Date :- 12.4.2023
A.Dewal
