Allahabad High Court
Ram Nandan Chaudhary@ Ram Nandan ... vs State Of U.P. And Another on 23 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:169590
Court No. - 89
Case :- APPLICATION U/S 482 No. - 30793 of 2023
Applicant :- Ram Nandan Chaudhary@ Ram Nandan And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saroj Kumar Yadav
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 impugned charge-sheet No.244 of 2022 dated 28.08.2022, along with supplementary charge-sheet dated 25.01.2023, summoning order dated 04.04.2023 as well as entire proceedings of Case No.2312 of 2023 arising out of Case Crime No.0329 of 2022 (State vs. Manoj Chaudhary & others), under Sections 493, 313, 323, 506 I.P.C., PS Naomo, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Allahabad.
3. Learned counsel for the applicants submits that applicants have been falsely implicated in the present case as no offence is made out under alleged sections as well as cognizance and summoning order are without application of judicial mind. Learned magistrate while summoning the applicants has not considered material evidence available on record. Allegations made in the FIR and statement recorded during investigation are not supporting the prosecution case. Moreover, instant FIR has been lodged with malice intention. Medical report is also not supporting the prosecution case. Learned counsel for the applicants next submits that applicant nos.1 and 2 are on anticipatory bail.
4. Learned A.G.A. has vehemently opposed the submission raised by learned counsel for the applicants and submits that prosecution case is not supported by medical report and at this stage, it cannot be examined.
5. Considered the entire facts and circumstances of the case and submission raised by learned counsel for the applicants. Submission of the applicants is purely based on factual disputes. It is evident from the record that there is injury report which support the prosecution case. This Court is not inclined to interfere in the proceeding and at this stage, factual dispute cannot be examined.
6. In view of the above, 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.
7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
8. However, if the applicant nos.3 & 4 shall surrender before the concerned court below and in case apply for bail, the bail application of the applicant nos.3 & 4 shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
Order Date :- 23.8.2023/SKD
