Sawan And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 21091 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160018
 
Court No. - 35
 

 
Case :- APPLICATION U/S 482 No. - 28742 of 2023
 

 
Applicant :- Sawan And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- V.K. Agnihotri
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri V.K. Agnihotri, learned counsel for the applicants, Sri Anuj Kumar Mishra, learned A.G.A., who appears for the State respondent.

This application under Section - 482 Cr.P.C. has been filed for quashing the entire proceedings in Case No. 18709 of 2021 (State vs. Sawan and others), arising out of Case Crime No. 0251 of 2021, under Sections - 323, 324, 504, 506 I.P.C., Police Station - Kotwali, District - Etawah, pending before Chief Judicial Magistrate, Etawah, the charge sheet dated 13.07.2021 and the cognizance order dated 13.12.2021, passed by the Chief Judicial Magistrate in Case No. 18709 of 2021 (State vs. Sawan and others), under Sections 323, 324, 504, 506 I.P.C., Police Station - Kotwali, District - Etawah.

Learned counsel for the applicants submits that the criminal proceedings launched against the applicant is nothing but the grossest misuse of process of law, as the applicants have been falsely implicated in this case because they are inhabitants of the independent houses in a scheme floated by the State Government. However, the opposite party bore animosity with the applicants and pursuant to the complaint lodged by the father of the applicants, the proceedings were earlier drawn against the informant and thereafter now the F.I.R. has been lodged against the applicants. It is further sought to be contended that the injury reports do not depict that there has been any serious injuries sustained by injured persons and further the applicants have been made a scapegoat. It is the further submission that the entire allegations have no legs to stand.

Learned A.G.A. on the other hand submits that the issues which the applicants are raising, are on factual score, which cannot be gone into in the present proceedings under Section - 482 of the Code of Criminal Procedure, 1973, in view of the judgment laid down by the Hon'ble Apex Court in the case of M/S Neeharika, Infrastructure Pvt. Ltd. vs. State of Maharashtra and others, reported in AIR 2021 SC 192 particularly at a stage, wherein the trial has not commenced till yet .

I have heard the learned counsel for the parties and perused the record.

In the opinion of the Court, whatever grounds the applicants are raising are the defences, which cannot be gone into at a stage, wherein the trial has not commenced, as the same are the defences, which would be available to be taken at the time, when the circumstances so arises. Further in absence of any pointing out of any jurisdictional error, this Court does not find it a fit case to interfere in exercise of the inherent jurisdiction under Section ? 482 of the Code of Criminal Procedure, 1973.

Accordingly, the application stands consigned to record.

At this stage, Sri V.K. Agnihotri, learned counsel for the applicants has submitted that a direction be issued to the court below to consider the application of the applicants for granting the bail. However, this Court has no reasons to disbelieve that in case an application is being preferred by the applicants for seeking bail, then the same would be considered with the most expeditions as per the law of the land.

Order Date :- 8.8.2023

S Rawat