Raj Kumar And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 18940 ALL

Citation : 2023 Latest Caselaw 18940 ALL
Judgement Date : 25 July, 2023

Allahabad High Court

Raj Kumar And 2 Others vs State Of U.P. And Another on 25 July, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148308
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 26564 of 2023
 

 
Applicant :- Raj Kumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Kumar Mishra,Devendra Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicants and Sri P.P.Pandey, learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash charge-sheet No.91 of 2022 dated 28.02.2022, cognizance/summoning order dated 16.03.2023 as well as entire proceedings in Case No.1923 of 2023 arsing out of Case Crime No.1037 of 2021 (State vs. Raj Kumar), under sections 147, 323, 325, 336, 504, 506 I.P.C., Police Station Sikandarabad, pending before the Court of Chief Judicial Magistrate, Bulandshahr.

3. Learned counsel for the applicants submits that cognizance order is illegal and without application of mind and order passed for further investigation was without jurisdiction and no offence under alleged section is made out. Cognizance taken by learned magistrate is illegal. Order passed by learned magistrate for further investigation is without jurisdiction.

4. Per contra, learned AGA opposed the contention of the learned counsel for the applicants and submits that disputed question of fact cannot be considered at this stage.

5. After considering the argument raised by both the parties as disputed question of fact cannot be considered at this stage and learned magistrate after going into the record has taken cognizance. There is no illegality in the order.

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.

Order Date :- 25.7.2023

SKD