Allahabad High Court
Robin Chaurasiya vs The State Of U.P. Thru. The Secy. ... on 4 April, 2023
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 5167 of 2019
Applicant :- Robin Chaurasiya
Opposite Party :- The State Of U.P. Thru. The Secy. Home Deptt. Lucknow And Anr.
Counsel for Applicant :- Atul Verma,Himanshu Deepak
Counsel for Opposite Party :- G.A.,Rama Niwas Pathak
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Atul Verma, learned counsel for the applicant, Sri Ram Niwas Pathak, learned counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the material on record.
The instant application under Section 482 Cr.P.C. has been filed by the present applicant for quashing the entire criminal proceeding of Case No.321/2019, arising out of Crime No.67/2018, under Sections 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, registered at P.S. Mahila Thana, District-Faizabad.
In compliance with the order dated 13.03.2023, the sole applicant and opposite party no.2, Smt. Archana Jaiswal are present before this Court today and they have been identified by their counsels.
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 Sections 498-A, 323, 504, 506 IPC & 3/4 D.P. Act. 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 impugned criminal proceeding 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, 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.
Interim order, if any, stands discharged.
Order Date :- 4.4.2023
Mayank
