Allahabad High Court
Vishnu Singh And Another vs State Of U.P. And Another on 27 September, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188264
Court No. - 89
Case :- APPLICATION U/S 482 No. - 32473 of 2023
Applicant :- Vishnu Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Santosh Kumar Shukla
Counsel for Opposite Party :- G.A.,Ansar Ahmad,Sandhya Chaturvedi
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 10.01.2023 and cognizance/summoning order dated 15.07.2023 as well as entire criminal proceedings of Case No. 4107 of 2023 (State vs. Vishnu Singh and others), arising out of Case Crime No. 875 of2022, Under Sections 323, 498A and 306 IPC, Police Station- Auraiya, District- Auraiya, pending in the Court of Chief Judicial Magistrate, District- Auraiya.
3. Learned counsel for the applicants submits that first information report in the matter was lodged in the year 2012 and cognizance was taken in the year 2013, thereafter, non-bailable warrant had been issued against the applicants. He further submits that there is no evidence against the applicants to implicate him in the present case and summoning order is without application of judicial mind and proceedings initiated against the applicants is abuse of process of law.
4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicants and submitted that it is a disputed question of facts which cannot be examined at this stage.
5. Considered the arguments raised by learned counsel for the applicants and perused the entire records. Submissions raised by learned by learned counsel for the applicants are disputed question of facts and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.
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.
8. However, if the applicants shall surrender before the concerned court within three weeks from today and apply for bail, the bail applications shall be decided expeditiously by the court concerned in accordance with law.
Order Date :- 27.9.2023
Md Faisal
