Allahabad High Court
Riyasat And 3 Others vs State Of U.P. And Another on 2 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:45418
Court No. - 42
Case :- APPLICATION U/S 482 No. - 1605 of 2025
Applicant :- Riyasat And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saurabh Tripathi,Shantanu Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
1. Heard Sri Shashi Dhar Pandey, 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 applicants praying for quashing charge sheet dated 08-06-2024 and 26-06-2024 , cognizance order dated 30-07-2024 as well as entire proceedings of Case No. 36420 of 2024, arising out of case crime no. 1232/2023, under Sections 452, 436, 323, 324, 325, 307/34, 504, 506 IPC, P.S. Kotwali City, district Bijnor.
3. From perusal of records, it appears that the present case arises from a longstanding matrimonial dispute between the first informant and the deponent, Sharafat, who is the brother of applicant no.1, while the other applicants are his family members. The First Information Report was lodged on 09.12.2023, alleging that on 04.12.2023, the accused trespassed into the informant?s house, assaulted her, and attempted to set the house on fire. The records show that the deponent was previously jailed for non-payment of maintenance as directed by the Family Court, and the informant had filed an application under Section 125(3) Cr.P.C. to recover unpaid dues. Upon investigation, charge sheets were submitted against applicant nos. 1 and 2 on 08.06.2024 and against applicant nos. 3 and 4 on 26.06.2024 and thereafter, the court took cognizance on 30.07.2024.
4. By means of the instant application, the applicants have challenged the charge sheets, the cognizance order, and the entire proceedings. It is averred in the application that the allegations are baseless and were made after a delay of five days, allegedly to harass the applicants due to a financial dispute. It is further contended that the applicants are innocent and have been falsely implicated in the case. The applicants claim that the first informant lodged the F.I.R. solely to extract money from them.
5. Per contra, learned A.G.A. has vehemently opposed the application and contended that there are injuries in the instant case and from perusal of the F.I.R it cannot be said that no prima facie case is made out against the applicants and the Court below has rightly taken cognizance against the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings.
6. 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.
7. 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."
8. 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.
9. 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.
10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.
Order Date :- 2.4.2025
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