Meghraj And Another vs State Of U.P. And Another
2023 Latest Caselaw 20434 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156737
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 25984 of 2023
 

 
Applicant :- Meghraj And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicants and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the cognizance/summoning order dated 28.11.2022 passed by Additional Judicial Magistrate, New Court No.2, Moradabad as well as quash the proceeding of Case No.57547 of 2022 (State Vs. Meghraj and others), arising out of Case Crime No.463 of 2022, under Sections 323, 506, 376D I.P.C. as well as Charge Sheet No.403 of 2022 dated 11.09.2022, Police Station Katghar, District Moradabad.

3. The contention of learned counsel for the applicants is that allegations made in the F.I.R. has not supported by any evidence and the same has been lodged after six months. Applicant no.1 is brother-in-law and applicant no.2 is nephew of opposite party no.2. The applicants have been implicated on account of family dispute between the parties. Cognizance order is without application of mind.

4. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the allegations made in the F.I.R. are supported by the evidence and submissions raised by learned counsel for applicants are purely disputed question of fact.

5. Considering the facts and circumstances of the case, submissions raised by learned counsel for applicants are purely disputed question of fact and in the light of judgment of the Apex Court in the matters of 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 lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

7. If discharge application moved by the applicant, the same shall be decided in accordance with law.

Order Date :- 3.8.2023

Atul