Allahabad High Court
Shahrukh Khan And Another vs State Of U.P. And Another on 19 July, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146297
Court No. - 88
Case :- APPLICATION U/S 482 No. - 24486 of 2023
Applicant :- Shahrukh Khan And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akhtar Ali,Ajaj Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet no. 147/2019 dated 26.08.2019 arising out of Case Crime No. 161 of 2019, cognizance order dated 07.09.2019 and proceedings of Criminal Case No. 210 of 2019 (State vs. Shahjahan @ Sajjo and others), under Sections 323, 504, 506 I.P.C., Police Station Railway Road, District Meerut, pending in the court of Special Judge, POCSO Act, Meerut.
As per prosecution case in brief, impugned F.I.R. was lodged by the mother of the victim on 03.07.2019 with regard to an incident dated 30.06.2019 under Sections 376, 323, 504, 506 I.P.C. against the applicants and co-accused Jahid in which, charge-sheet was submitted on 26.08.2019, upon which, cognizance was taken by the Magistrate concerned on 07.09.2019.
On the strength of aforesaid facts, the main substratum of argument of learned counsel for the applicants is that the main allegation of rape has been alleged in the F.I.R. against co-accused Jahid but he has been acquitted from the charges under Section 328, 376, 323/34, 504, 506 I.P.C. and Sections 3/4 POCSO Act vide judgment and order dated 04.11.2019 of the trial court in S.T. No. 210 of 2019, therefore, the criminal proceedings against the applicants who have been summoned under Sections 323, 504, 506 I.P.C. is liable to be quashed.
On the other hand, learned A.G.A. opposed the prayer of the applicants by contending that the applicants are absconding since 2019 and they cannot take benefit of judgment and order dated 04.11.2019.
Having heard the submission of learned counsel for the parties and perusing the record, I find that the issue involved in this case is that as to whether on the acquittal of co-accused Jahid, the charge-sheet and criminal proceeding against the remaining co-accused i.e. applicants are liable to be quashed under Section 482 Cr.P.C.?
The aforesaid issue has been settled by this Court in an Application U/s 482 No. 28450 of 2019 (Smt. Radha Devi and others vs. State of U.P. and another), wherein, it has been held that the judgment of acquittal of co-accused in a criminal trial is not admissible under Sections 40 to 43 of Evidence Act to bar the subsequent trial of the absconding co-accused and cannot hence be deduced as a relevant document while considering the prayer to quash the proceedings against remaining co-accused under Section 482 Cr.P.C. The judgment of acquittal will be admissible only to show as to who were the parties in proceedings or factum of acquittal. As such securing of acquittal by co-accused cannot be considered as relevant circumstances and ground for exercising power under Section 482 Cr.P.C., to quash the proceedings as against those accused who has not faced the trial. The judgment not inter parties cannot justify the invocation of the doctrine of issue stopple under the Law.
As a fallout and consequences of aforesaid discussion, I have no hesitation in holding that even on the acquittal of co-accused, the charge-sheet and criminal proceeding pursuant thereto against the remaining co-accused cannot be quashed under Section 482 Cr.P.C.
The application sans merit and is, accordingly, dismissed.
However it is made clear that in case applicants move discharge application at the appropriate stage, same shall be considered and decided by the concerned court below in accordance with law without being influenced by the observations made in this application.
Order Date :- 19.7.2023
Saurabh
