Allahabad High Court
Ateek-Ur-Rahman @ Choti And 2 Others vs State Of U.P. And Another on 2 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:18122
Court No. - 92
Case :- APPLICATION U/S 482 No. - 46696 of 2023
Applicant :- Ateek-Ur-Rahman @ Choti And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Chandra Bhushan Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
1. Heard Sri C.B. Prasad, learned counsel for the applicants, Sri Sudhir Kumar Chandraul, learned A.G.A. for the State-O.P. no.1 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing charge sheet dated 21.7.2023, cognizance order dated 3.10.2023 and the entire criminal proceedings of Special Case No.2259 of 2023 arising out of Case Crime No.284 of 2022, under Section 2/3 Gangsters Act, Police Station-Purkazi, District-Muzaffar Nagar pending in the Court of Special Judge(Gangsters Court)/Additional Sessions Judge, Court no.5, Muzaffar Nagar.
3. Learned counsel for the applicants submits that the FIR was lodged against the applicants on the behest of Sub Inspector/O.P. no.2 on 14.5.2020 stating that he got an information that cow slaughtering was conducted in the field wherein the remains of cow were found. The FIR was registered under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955. Apart from this, when the police party challenged the applicants and tried to arrest them, they fired on the police party. Accordingly, second FIR was registered on 15.5.2020 under Section 307 IPC. He submits that after lapse of two years, Gangsters Act has been imposed against the applicants. The applicants had challenged the imposition of Gangsters Act against them, by way of filing Criminal Misc. Writ Petition No.1128 of 2023, wherein interim protection of stay from arrest was granted vide order dated 23.1.2023. Thereafter, the Investigating Officer on completion of the investigation, has filed charge-sheet on 21.7.2023.
4. Per contra, learned A.G.A. vehemently opposes the application and contends that the matter involves disputes which can only be adjudicated by the trial court and cannot be gone into by this Court while exercising powers conferred under Section 482 Cr.P.C. It is further submitted that the Court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings.
5. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.
6. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-
"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
7. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.
8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.
9. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.
Order Date :- 2.2.2024
Manish Himwan
