Allahabad High Court
Rajendra @ Raju vs State Of U.P. And Another on 21 August, 2023
Bench: Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:167248
Court No. - 92
Case :- APPLICATION U/S 482 No. - 21289 of 2023
Applicant :- Rajendra @ Raju
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shamsuddin Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Shamsuddin Ahmad, learned counsel for the applicant and Sri Deepak Mishra, the learned AGA appearing for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the cognizance/summoning order dated 20.09.2022 passed by the Additional Chief Judicial Magistrate-II Saharanpur along with charge sheet No. 130 of 2022 dated 19.05.2022 as well as entire proceeding of Case No. 4090 of 20122 (State vs. Shubham and others) arising out of Case Crime No. 0147 of 2022, under Sections 323, 324 IPC, P.S. Nakud, District Saharanpur, pending before the Additional Chief Judicial Magistrate-II Saharanpur.
3. Learned counsel for the applicant submits that initially the FIR was registered under Sections 323 and 324 IPC, subsequently after the injury reports were obtained. During investigation, the charges under Section 325 and 308 were added. Therefore, learned counsel for the applicant prays for quashing of the entire proceeding of the case.
4. The learned AGA submits that since the allegations in the FIR are clear a categorical that the accused persons made a pre planned attack upon the victim at a particular place and assaulted him with the edged weapon as well as the blunt weapons. In the incident, the victim has suffered incised wound as well as the fracture of Ulna bone shaft region. Therefore, the charges were added under Sections 325 and 308 IPC after due investigation of the case. Therefore, it cannot be said that no offence is made out warranting the quashing of the entire criminal proceedings.
5. Having heard the rival submissions made by learned counsel for the parties and the Court has perused the record of the case. From perusal of the FIR, there is clear and categorical allegations that the applicant herein along with other persons deliberately and intentionally called the victim at a particular place where all the accused armed with sharp edged weapons as well as blunt weapons brutally assaulted the victim and in the incident, the victim has suffered various injuries, including the incised wound as well as the fracture etc. along with various other injuries.
6. From the perusal of the F.I.R as well as the chargesheet and summoning order, it can't be said that no offence whatsoever is made out against the applicants herein. Therefore, in the light of the judgment in State of Haryana & Ors. vs. Bhajan Lal : 1992 SCC (Cri) 426, this Court does not find any good ground for quashing the proceedings, as prayed by learned counsel for the applicant. Hence the Application u/S 482 is hereby dismissed.
Order Date :- 21.8.2023
Ashish Pd.
