Allahabad High Court
Hemant Kumar Mishra And Others vs State Of U.P. Thru. Prin. Secy. ... on 25 January, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 466 of 2023
Applicant :- Hemant Kumar Mishra And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Another
Counsel for Applicant :- Ashutosh Bajpai
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Ashutosh Bajpai, learned counsel for the applicants and Sri Diwakar Singh, learned A.G.A. for the State as well as perused the record.
The instant application has been filed by the applicants, namely, Hemant Kumar Mishra, Tushar Mishra, Neeraj Mishra and Ishan Mishra, with a prayer to quash the entire criminal proceedings as well as the impugned orders dated 08.03.2017 passed by the Chief Judicial Magistrate, Bahraich and judgment and order dated 21.11.2022 passed by third Additional Sessions Judge, Bahraich in Criminal Revision No.112 of 2022, pending in the Court of Chief Judicial Magistrate, Bahraich in Case No.5281 of 2007, Case Crime No.1083 of 2006, under Sections 323, 427, 506 I.P.C., Police Station Kotwali Nagar, District Bahraich.
All the contentions raised by the applicants' counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. In the process of invoking its inherent jurisdiction, this court cannot be persuaded to have a pre trial before the actual trial begins. The submissions made by the learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case.
The quashing of the charge sheet and the entire proceedings can also be done only if it does not disclose any offence or if there is any legal bar which prohibits the proceedings on its basis. The Apex Court decisions in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and also in Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283 make the position of law in this regard clear.
In the absence of any of the grounds recognized by the Apex Court which might justify the quashing of charge sheet or the impugned proceedings, the prayer for quashing the same is refused as I do not see any abuse of the courts process either. The court below has been vested with sufficient powers to discharge the accused even before the stage to frame the charges comes, if for reasons to be recorded it considers the charge to be groundless.
As requested, the permission to appear through counsel before the concerned lower court within a period of three weeks from today and move an application claiming discharge on behalf of whom this application u/s 482 Cr.P.C. has been moved is granted. The concerned court shall after hearing the counsel decide the application on merits in accordance with law within a period which shall not exceed a period of two months from today.
With the above observations, this application stands disposed of.
Order Date :- 25.1.2023
Saurabh
