Shashank Singh And 2 Others vs State Of U.P. And Another
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Allahabad High Court

Shashank Singh And 2 Others vs State Of U.P. And Another on 3 June, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:101111
 
Court No. - 76
 

 
Case :- APPLICATION U/S 482 No. - 8648 of 2024
 

 
Applicant :- Shashank Singh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Kumar Singh,Ram Prasad Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Heard Sri Ram Prasad Dubey, learned counsel for the applicants who are three in number as well as Shri Ashok Kumar Rai, learned A.G.A. for the opposite party no. 1

2. The applicants who are three in number herein have filed the present application u/s 482 Cr.P.C. for quashing of the entire proceedings in Case No. 4666 of 2023 (State v. Shashank Singh) arising out of Case Crime No. 168 of 2023, under Sections 307, 323, 504, 506, 336, 353, 333 IPC, police Station Rani Ki Sarai, District Azamgarh pending in the Court of Judicial Magistrate, Court no. 19, Azamgarh.

3. Learned counsel for the applicants submits that an FIR has been lodged by the opposite party no. 2 on 25.05.2023 before the said police station being FIR No. 0168 of 2023 under Sections 307, 323, 504, 506, 336, 353, 333 IPC relatable to the commission of the offence regarding inflicting injuries by the applicants who had come in a group. Learned counsel for the applicants while inviting attention towards page 29 annexure-4 of the paper-book seeks to argue that the nature of injuries do not attract the provision of Section 307 of IPC.

4. Learned AGA submits that the issues with the applicants seeks to raise cannot be taken up in the present proceedings, particularly, in view of the fact that the trial is yet to commence. He further submits that in view of the judgment in the case of M/S Neeharika, Infrastructure Pvt. Ltd. vs. State Of Maharashtra and others reported in AIR 2021 SC 192. This Court may not make factual enquiry in this regard.

5. I have heard the learned counsel for the parties and in my opinion, the issues which the applicant seeks to raise are not to be dealt with in the present proceedings, particularly, when it has not been shown that there is any jurisdictional error committed by the Court.

6. In view of the above observations, the same stands consigned to record.

7. However, needless to point out that it is always open for the applicants to prefer appropriate application before the court below seeking discharge which this Court has no reason to disbelieve the same will be dealt with most expedition.

Order Date :- 3.6.2024

A. Prajapati