Anil Kumar And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 20749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:157055
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 28405 of 2023
 
Applicant :- Anil Kumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Deepak Sharma
 
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 charge sheet dated 20.06.2023, cognizance order dated 30.06.2023 and entire proceeding of Criminal Case No.2035 of 2023, arising out of Case Crime No.218 of 2023, under sections 323, 325, 452, 504, 506, IPC, Police Station Noorpur, District Bijnor, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Chandpur, District Bijnor.

3. The contention of learned counsel for the applicants is that allegations in the FIR is counter blast to the earlier FIR lodged by applicant against the opposite party no.2. Counsel for the applicant next submits that summoning order is bad in the eye of law and not tenable as it is counter blast. Cognizance order is without application of judicial mind.

4. Per contra, learned A.G.A. vehemently opposed the submissions raised by learned counsel for the applicants and submitted that the allegations made in the FIR are supported by the evidence and submissions raised by learned counsel for the applicants are purely disputed question of fact.

5. Considering the facts and circumstances of the case, submissions raised by learned counsel for the 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 :- 4.8.2023

VKG