Allahabad High Court
Mohan Murari Gautam And Another vs State Of U.P. And Another on 15 April, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:54598
Court No. - 84
Case :- APPLICATION U/S 482 No. - 24579 of 2024
Applicant :- Mohan Murari Gautam And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Santosh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 30536 of 2024 (State vs. Mohan Murari Gautam and another), arising out of Case Crime No. 214 of 2023, under Sections 323, 325, 504, 506 IPC, P.S. Vrindavan, District- Mathura, as well as Charge sheet dated 25.06.2023 and Cognizance order dated 01.04.2024 passed by the C.J.M., Mathura.
3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Instant first information report has been lodged with malicious intention only to harass the applicants. He next submitted that a civil suit is pending between the parties. Informant is a very influential person and allegation against the applicants is that they assaulted the informant. He next submitted that opposite party no. 2/informant is criminal minded person and several criminal cases are pending against him. Allegation of causing injuries is false & baseless and without support of any cogent evidence. He next submitted that by affidavit applicants have filed order passed by this Hon'ble Court, wherein, criminal contempt was initiated against the informant. He further submitted that informant is an advocate and with malicious intention, he has lodged the present first information report against the applicants.
4. Per contra, learned A.G.A. vehemently opposed the submissions made by learned counsel for the applicants and submitted that medical examination report, is supporting the prosecution version. From the record, it is apparent that informant/injured has received injuries, which are grievous in nature and his ribs was found fractured. It is not a case of false implication. He next submitted that arguments raised by learned counsel for the applicants are factual aspects of the matter, which cannot be considered at this stage.
5. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court. The power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.
6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 15.4.2025
Aditya
