Allahabad High Court
Awadhesh Singh vs State Of U.P. And Another on 5 October, 2023
Bench: Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:191558
Court No. - 92
Case :- APPLICATION U/S 482 No. - 29951 of 2023
Applicant :- Awadhesh Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- A.K. Singh Solanki,Pashali Slolanki
Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Mrs. Pashali Solanki, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the charge-sheet dated 13-11-2020 and cognizance/summoning order dated 28-01-2021 as well as the entire proceedings of Criminal Case No. 1278 of 2021 (State Vs. Awadhesh and Others), arising out of case crime no.17 of 2020, under Sections 323, 147, 148, 308, 504 and 506 IPC, P.S. Basauni, district Agra, pending in the court of Chief Judicial Magistrate, Court No.2, Agra.
3. Learned counsel for the applicant submits that looking at the narration of the incident in the F.I.R., the injuries suffered by the victim Satyaveer and Dharmendra Singh are not correlated to the incident. Learned counsel for the applicant further submits that in the instant case the F.I.R. was lodged against 10 persons, however, in the charge-sheet five persons have been exonerated by the police during investigation. Learned counsel for the applicant further submits that no specific role has been assigned by the victim or by the complainant to any of the accused persons in the instant case, therefore, she has prayed for quashing of the charge-sheet as well as the summoning order against the applicant herein.
4. Learned A.G.A. for the State submits that the F.I.R. is not an encyclopedia which must disclose the entire incident in all its details, it is an indication that some cognizable offence has taken place and on the basis of which the investigation has to take place. The fairness of the investigation is reflected by the fact that out of 10 persons, 5 persons have already been exonerated. In view thereof, there is no infirmity in the investigation and the consequent charge-sheet has been filed by the Investigating Agency. The learned Magistrate has taken cognizance in the matter on the basis of the material available before him, which is the F.I.R. as well as the statement of the witnesses recorded during the investigation and having satisfied himself that the prima facie case is made out against the applicant herein, the cognizance has been taken and the summons have been issued against the applicant, therefore, no interference is called for at this preliminary stage.
5. Having considered the rival submissions made by the learned counsel for the parties, this Court has carefully perused the record of the case and from perusal of the record of the case, the first information report and the injuries reports of Satyaveer and Dharmendra Singh and the statement of the witnesses, Dharmendra Singh, Smt. Annapurna and Satyaveer etc. a prima facie case is made out against the applicant herein, therefore, there is no infirmity in the charge-sheet filed against the applicant herein and the learned Magistrate has taken cognizance on the basis of the material available before him.
6. Hence, in the considered view of the Court, there is no illegality in the charge-sheet or in the summoning order, therefore, the instant application is devoid of merits and is accordingly dismissed in the light of judgments of Apex Court in R. P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866; State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315.
Order Date :- 5.10.2023
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