Allahabad High Court
Mohd. Javed @ Mogli vs State Of U.P. Thru.Prin.Secy. ... on 23 May, 2023
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:35923
Court No. - 15
Case :- APPLICATION U/S 482 No. - 5165 of 2023
Applicant :- Mohd. Javed @ Mogli
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
Counsel for Applicant :- Kamal Kishore Tewari
Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Kamal Kishore Tewari, learned counsel for the applicant, Sri Vijay Srivastava, learned A.G.A for the State and perused the entire record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet No.190 of 2013 arising out of Crime No.262 of 2013, under Sections 147, 148, 153, 204, 427, 436 I.P.C., Sections 2/3 Prevention of Damages to Public Property Act & 7 Criminal Law Amendment Act, Police Station Chowk, District Lucknow as well as order dated 25.07.2016 and the orders dated 05.09.2022 & 10.05.2023 passed by the learned A.C.J.M. Vth, Lucknow including the entire proceedings of Case No.2405 of 2016, pending in the court of learned A.C.J.M. Vth, Lucknow.
3. Learned counsel for the applicant has submitted that accused/ applicant is innocent, who has been falsely implicated in this case due to some ulterior reason.
4. His further submission is that the content of the first information report does not disclose any ingredients, which are essential to constitute offence under Sections 147, 148, 153, 153A, 204, 427, 436 I.P.C., Sections 2/3 Prevention of Damages to Public Property Act & 7 Criminal Law Amendment Act. He has also submitted that even during investigation, no credible evidence could be collected against the present accused/ applicant. Despite, this fact, a charge sheet came to be laid mechanically against the applicant.
5. Learned counsel for the applicant, on the basis of aforesaid submissions, has submitted that the present proceeding is nothing but an abuse of process of this Court and a malicious prosecution too, which deserves to be quashed.
6. Per contra, learned A.G.A. for the State has vehemently submitted that the law of quashing has been fairly settled in the celebrated judgment rendered by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and R.P. Kapur Vs. State of Punjab AIR 1960 SC 866.
7. His further submission is that in view of law laid down by the Hon'ble Supreme Court in Ramveer Upadhyay vs. State of U.P. reported in AIR 2022 SC 2044 and Rathish Babu Unnikrishnan vs. State (NCT of Delhi) reported in 2022 SCC OnLine SC 513, truthfulness or otherwise of the prosecution version or defence version cannot be looked into at this stage. At such an early stage to rush of this Court for quashing itself is an abuse of process of this Court as the trial has not progressed substantially.
8. Thus, in view of aforesaid, learned A.G.A. has submitted that the present application under Section 482 Cr.P.C. is devoid of merit and deserves to be dismissed.
9. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record including the first information report and the charge sheet laid against the present applicant, this Court is of considered view that in view of law laid down by the Hon'ble Supreme Court in Bhajan Lal's case (supra), R.P. Kapur's case (supra), Ramveer Upadhyay's case (supra) and Rathish Babu Unnikrishnan's case (supra), no ground for quashing the instant proceeding exists.
10. Accordingly, the prayer for quashing the impugned charge sheet as well as impugned orders and the entire proceedings is refused as this Court does not find any illegality, impropriety and incorrectness in the proceedings under challenge. There is no abuse of court's process either.
11. However, it is needless to mention that if the applicant applies for grant of bail, the learned trial court concerned shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 and Satender Kumar Antil vs. Central Bureau of Investigation and anotherreported in 2023 LiveLaw (SC) 233.
12. With the aforesaid observations, the instant application is finally disposed of.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 23.5.2023
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