Allahabad High Court
Rashid Ahmad vs State Of U.P. And Another on 8 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:83453
Court No. - 91
Case :- APPLICATION U/S 482 No. - 21676 of 2021
Applicant :- Rashid Ahmad
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abrar Alam,P.K. Singh
Counsel for Opposite Party :- Akhilesh Kumar Mishra,G.A.
Hon'ble Prashant Kumar,J.
1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri H.P. Singh, 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 of the proceedings of Case No. 772 of 2021 (State Vs. Brijpal and others), arising out of Case Crime No. 618 of 2020, under Sections 420, 406 IPC, Police Station Kotwali Shahar, District Bijnor as well as the summoning order dated 08.02.2021 pursuant to charge sheet dated 18.01.2021, pending in the court of Chief Judicial Magistrate, Bijnor.
3. Learned counsel for the applicant submits that an FIR was lodged on 15.09.2020, under Sections 420, 406 IPC. After detailed investigation charge sheet was filed on 18.01.2021 and summons were issued.
4. By means of the instant application, the applicant is challenging the entire proceedings of the case as well as charge sheet submitted against the applicant.
5. Counsel for the applicant submits that there was financial dispute among the parties. He further submits that as long as he was director in the company there was no financial irregularity. He further submits that prima facie no case is made out against the applicant and he has been wrongly implicated in the present case.
4. Per contra, learned A.G.A. has vehemently opposed the application and contended that bare reading of the contents of the FIR, prima facie case is made out against the applicant. The applicant can prove his innocence before the trial court by adducing oral as well as documentary evidence. The innocence of the applicant cannot be determined before this Court in exercise of powers conferred under Section 482 Cr.P.C.
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. 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(s). 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 :- 8.5.2024
Prajapati
