Allahabad High Court
Suhaib vs State Of U.P. And Another on 5 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:19415
Court No. - 92
Case :- APPLICATION U/S 482 No. - 2648 of 2024
Applicant :- Suhaib
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kesh Mani Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
1. Heard Sri Kesh Mani Duby, learned counsel for the applicant, Sri Shashi Dhar Dubey, learned Additional Government Advocate 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 applicant praying for quashing the charge sheet dated 26-07-2023 as well as entire proceedings of case (State Vs. Savez and Others), arising out of case crime no. 354, 506, 120B IPC anbd 7/8 of POCSO Act, P.S. Kavi Nagar, district Ghaziabad, pending in the court of Special Judge, POCSO Act, Ghaziabad.
3. Learned counsel for the applicant submits that in the instant case the opposite party no.2 lodged an F.I.R. on 26-07-2023 under Sections 354, 506 IPC and 7/8 of POCSO Act, with an allegation that two persons namely Savez and Samir were molesting his daughter and had forcefully made her sit in an auto and took her to a vacant shop. The Investigating Officer recorded the statement of the victim under Section 161 Cr.P.C. in which she has stated the name of the aforesaid persons. The I.O. further recorded the statement of the accused persons namely Savez and Samir and in their statements they have stated that the present applicant had told them to go to his vacant shop. Thereafter, the I.O. included the name of the applicant and further added Section 120-B IPC in the present F.I.R. and charge-sheet has been submitted and cognizance order has been issued. The applicant has challenged the charge-sheet in the instant application. He further submits that the applicant is innocent and he has been falsely implicated in the instant case as no prima facie case is made out against the applicant.
4. Per contra, learned A.G.A. has vehemently opposed the application and submitted that the charge-sheet has been filed after detailed investigation 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 applicant(s). 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 applicant. 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 :- 5.2.2024
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