Jrar @ Izhar vs State Of U.P. And Another
2023 Latest Caselaw 23007 ALL

Citation : 2023 Latest Caselaw 23007 ALL
Judgement Date : 23 August, 2023

Allahabad High Court

Jrar @ Izhar 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:169862
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 27756 of 2023
 
Applicant :- Jrar @ Izhar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

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

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 02.03.2023 as well as cognizance order dated 04.04.2023 passed in Criminal Case No.2205 of 2023 arising out of Case Crime No.371 of 2022, under Sections 294, 376-D, 506 I.P.C., P.S. Mubarakpur, District Azamgarh, pending in the court of CJM, Azamgarh.

3. Counsel for the applicants submits that applicant has been falsely implicated in the present case. No offence is made out under the alleged sections. It is counter blast of FIR lodged by applicant. Statement recorded under Sections 161 and 164 Cr.P.C. are contradictory and not supporting the prosecution case. The instant complaint lodged with malice intention and only to harass the applicant. Cognizance order is abuse of process of law. He therefore submits, no prosecution could proceed against the applicant, in such circumstances. In support of his contention, he has placed reliance over the judgment of Hon'ble the Apex Court passed in the case of Usha Chakraborty and another Vs. State of West Bengal and another, 2023 Law Suit (SC) 79.

4. Per contra, learned A.G.A. vehemently opposed the submissions raised by applicant's counsel and submitted that statement of victim recorded under Sections 161 and 164 Cr.P.C. are supporting the prosecution case and case under Section 376-D is made out.

5. In view of the above, prima facie, case is made out against the applicant. No interference is warranted, at this stage.

6. The present 482 application is dismissed with the aforesaid observation.

7. Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law.

Order Date :- 23.8.2023

Nitin Verma