Allahabad High Court
Dinanath And 5 Others vs State Of U.P. And Another on 18 April, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:57285
Court No. - 84
Case :- APPLICATION U/S 482 No. - 41841 of 2024
Applicant :- Dinanath And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akhilesh Kumar Dubey
Counsel for Opposite Party :- G.A.,Mool Chandra Mishra
Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard Sri Akhilesh Kumar Dubey, learned counsel for the applicants, Sri Mool Chandra Mishra, learned counsel for the informant and learned AGA for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding as well as charge sheet dated 27.06.2024 and summoning order dated 21.10.2024 passed/issued by the Additional Chief Judicial Magistrate-I, Court No. 12 Jaunpur in Case No.1585 of 2024 (State Vs. Dinanath) arising out of Case Crime No. 20 of 2024, under section 323, 325, 504, 506 I.P.C., Police Station Mariahun, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate-I, Court No. 12 Jaunpur.
4. Counsel for the applicants submits that applicants and informant are family members and civil dispute is pending between the parties. Instant FIR is false and baseless and not supported by any evidence. All allegation alleged in the FIR is not supported by any evidence. Instant FIR has been registered through application U/s 156(3) Cr.P.C. after the delay of about two months. Medical examination report is a fabricated document, the same has been conducted direct by Medico Legal Officer. Statement of injured and other witnesses are contradictory. Summoning by learned Magistrate is without application of judicial mind and bad in the eyes of law.
5. Per contra, Sri Mishra, learned counsel for the informant has vehemently opposed the submission raised by applicants' counsel and submits that allegation alleged in FIR is very much supporting the medical examination report and submission of applicants' counsel are disputed question of facts which cannot be entertained at this stage, hence, applicants are not entitled for relief as prayed for.
6. 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.
7. 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 and another, 2023 Live Law (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.
8. The present 482 application of applicants, namely, Dinanath, Manbhavati Devi, Om Satwik, Shivangi, Roshani and Shilpi, are hereby dismissed with the aforesaid observation.
Order Date :- 18.4.2025
Nitin Verma
(Justice Deepak Verma)
