Allahabad High Court
Ram Das Gautam @ R.D.Gautam vs State Of U.P. ... on 3 April, 2023
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 3102 of 2023
Applicant :- Ram Das Gautam @ R.D.Gautam
Opposite Party :- State Of U.P. Thru.Prin.Secy.Home And Another
Counsel for Applicant :- Dinesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Dinesh Kumar Srivastava, learned counsel for the applicant, Sri Vijay Srivastava, learned A.G.A. for the State and perused the entire record.
The instant application under Section 482 Cr.P.C. has been filed by the accused/ applicant for quashing the charge sheet No.246 of 2014 arising out of Case Crime No.204 of 2014, under Sections 171-(G), 253, 506, 188 I.P.C. as well as summoning order dated 10.03.2015 passed by the learned Additional Chief Judicial Magistrate, Pratapgarh in Case No.1074 of 2015 (State of U.P. vs. Heeramani Patel and others).
Learned counsel for the applicant has submitted that the accused/ applicant is innocent, who has been falsely implicated in this case due to some ulterior reason.
His further submission with vehemence is that the first information report came to be lodged against the accused/ applicant, which in utter violation of condition No.8 issued by the Election Commission. He has also submitted that the annexure No.5 indicates that the school, besides which, allegedly an office was opened by the accused/ applicant, was not recognized, therefore, such school had no existence in law. Therefore, he submits that no offence is made out against the accused/ applicant as such school cannot be said to be existed in law.
His next submission is that the fact that there was any threat extended by the accused/ applicant, who is so old and has undergone cardiac surgery, can also not be ascertained, therefore, this matter is nothing but an abuse of process of this court and a malicious prosecution.
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 reported in 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 impugned charge sheet as well as impugned summoning order is refused as this Court does not find any illegality, impropriety and incorrectness in the proceedings under challenge. There is no abuse of court's process either.
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 reported in MANU/SC/1024/2021 and Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2023 LiveLaw (SC) 233.
With the aforesaid observations, the instant application is finally disposed of.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 3.4.2023
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