Allahabad High Court
Amit Yadav vs State Of U.P. And Another on 3 October, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188743
Court No. - 89
Case :- APPLICATION U/S 482 No. - 36225 of 2023
Applicant :- Amit Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anamika Singh,A.K. Mishra
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 24.06.2023 and cognizance order dated 27.06.2023 passed in Criminal Case No.9245 of 2023 arising out of Case Crime No.0299 of 2023, under Sections 195, 203, 211, 109 I.P.C. and Section 3/25 and 5/27 of Arms Act, PS Khalilabad, District Sant Kabir Nagar, pending in the Court of CJM, Sant Kabir Nagar.
3. The contention of learned counsel for the applicant is that allegation in the FIR is that applicant's brother lodged FIR against Surendra Yadav and one unknown person alleging therein that applicant received gun shot injury. During investigation, Investigating Officer recorded statement of wife of Surendra Yadav, on her statement, Investigating Officer implicated the applicant in the present case. Except the statement of wife, there is no evidence against the applicant. The Investigating Officer in influence of named accused, submitted charge-sheet against the applicant. Wife of the accused, with malice intention, has been implicated the applicant.
4. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same do not suffer from any illegality or infirmity. He further submitted that submissions raised by applicant's counsel is disputed questions of fact, which cannot be examined at this stage.
5. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the FIR as well as the statement of the informant and its witnesses recorded during investigation.
6. From perusal of material on record and looking into the facts of the case and after considering the arguments made at the Bar, it does not appear that no offence has been made out against the applicant and material evidence collected during investigation, cannot be examined, at this stage.
7. 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.
8. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 3.10.2023
Nitin Verma
