Manoj And Another vs State Of U.P. And Another
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Allahabad High Court

Manoj And Another vs State Of U.P. And Another on 11 August, 2025

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:135830
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 24759 of 2025
 

 
Applicant :- Manoj And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shashi Kant Srivastava,Vinai Shanker Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Pathak,J.
 

1. Learned A.G.A. has filed copy of compliance affidavit, today in Court, which is taken on record. Office is directed to proceed accordingly.

2. As per the compliance affidavit, notice is personally served upon opposite party No. 2. However, despite service of notice, no one has put in appearance on his behalf.

3. Heard learned counsel for the applicants as well as learned A.G.A. for the State.

4. Applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceeding including impugned charge sheet No. 329 of 2023 dated 12/10/2023 as well as cognizance order dated 02/12/2023 passed by Special Judge S.C./S.T. (P.A.) Act Moradabad in Criminal Case No. 1772 of 2023 (State Vs. Manoj and Others) arising out of Case Crime No. 320 of 2023, Under Sections 323, 504, 506, 427 I.P.C., and under Section 3(1)(r), 3(1)(S), 3(2)(va) of S.C./S.T. Act, Police Station- Bhojpur, District- Moradabad, and to stay the further proceeding against the applicant in the aforesaid case.

5. As per F.I.R. version, on the date of occurrence of offence i.e. 05.09.2023, while the first informant was returning from Moradabad, at around 7.00 P.M., near village Islamnagar, petrol in his motorbike i.e. Super Splendor UP 21 BF 3172 ran out. He went to the nearby petrol pump to get petrol. While he was talking to the salesman at the petrol outlet, present applicants, namely, Manoj and Nitu, have shown their annoyance owing to parking of the complainant's bike at the petrol outlet. While the O.P. No.2 has introduced himself and ask them not to abuse him, on hearing this, they immediately attacked the first informant (O.P. No.2) and pounded with the intent to kill him, and uttered caste based slur as well. They threatened to kill the first informant. The salesman Sudhir and others have saved the first informant. By that time, large crowd gathered over there and the incident was captured on a CCTV camera. They also damaged the first informant's motorbike. He escaped to save his life.

6. Having considered the rival submissions advanced by learned counsel for the applicants, learned A.G.A. for the State-respondent and upon perusal of record, it manifests that place of occurrence of offence is the petrol pump where the first informant has been beaten up and abused with a caste based slur. The salesman working at the petrol pump and one another person, who were present at the time of incident, have saved the first informant. Four persons, namely, Ajay, Lakhpat Singh, Mintu and Sonu have made their statements being ocular witnesses. As per the medical report, first informant has sustained six injuries. Out of them, four are abrasions and two are complaint of pain. Moreover, in the X-ray report no abnormality has been detected. The complicity of the present applicants in the commission of crime, prima facie, cannot be ruled out in the light of the statements of witnesses and the medical report reflecting injuries inflicted on the first informant. The innocence of the applicants, as is being tried to put forward by learned counsel for the applicants, is a matter of examination which can be adjudicated upon by the trial court more appropriately after appraising the evidence on record. At this juncture, this Court is not expected to conduct a mini trial to examine the innocence of the present applicant. I neither found any abuse of the process of law to the proceeding which has been challenged before this Court nor any justifiable ground to pass any order for the purposes of securing the ends of justice, therefore, there is no justification to exercise inherent power of this Court under Section 482 Cr.P.C.

7. Record reveals that learned counsel for the applicants has raised disputed question of fact qua involvement of present applicants in the incident in question.

8. In exercise of inherent power under Section 482 Cr.P.C., this Court is not expected to analyze the factual evidence which is to be placed before the trial court. The power conferred under Section 482 Cr.P.C. is very specific and wide to secure the ends of justice or to prevent the abuse of the process of any Court or to make such orders as may be necessary to give effect to any order under this Code. No provision of this Code is deemed to limit or effect such inherent power of the High Court.

9. It has been held by the Apex Court in the cases of R.P. Kapur Vs. State of Punjab : AIR 1960 SC 866; State of Haryana and Ors. Vs. Bhajan Lal and Others : 1992 Supp (1) SCC 335; Trisuns Chemical Industry Vs. Rajesh Agarwal and Ors. : (1999) 8 SCC 686 3; M. Krishnan Vs. Vijay Singh & Anr. : (2001) 8 SCC 645; Joseph Salvaraj A. Vs. State of Gujarat and Ors. : (2011) 7 SCC 59; Arun Bhandari Vs. State of Uttar Pradesh and Ors. : (2013) 2 SCC 801; Anand Kumar Mohatta and Anr. Vs. State (NCT of Delhi), Department of Home and Anr. : (2019) 11 SCC 706 that exercise of inherent power of the High Court under Section 482 of the Code of Criminal Procedure is an exceptional one. Great care should be taken by the High Court before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the rarest of the rare case is made out to scuttle the prosecution in its inception.

10. In the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, Hon'ble Supreme Court has made the following observation in Paragraph 61 which is quoted herein below :-

"61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or an FIR or a complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plentitude with no statutory limitation but it has to be exercised in accord with the guideline en-grafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court."

11. In Criminal Appeal No. 675 of 2019 arising out of SLP (Crl.) No. 1151 of 2018, Mohd. Allauddin Khan v. State of Bihar and others, 2019 (6) SCC 107, the Apex Court has held that the High Court had no jurisdiction to appreciate the evidences of the proceedings under Section 482 Cr.P.C. because where there are contradictions or the inconsistencies in the statements of the witnesses, is essentially an issue relating to appreciation of evidences and the same can be gone into by the Judicial Magistrate during trial, when the entire evidence is adduced by the parties. The same view has also been reiterated in judgment dated 31.07.2019 passed by Apex Court in Criminal Appeal No.1082 of 2019, arising out of SLP (Crl.) No.10762 of 2018, Chilakamarthi Venkateswarlu and Another v. State of Andhra Pradesh and Another.

12. In the case of Priti Saraf & anr. Vs. State of NCT of Delhi & anr. Criminal Appeal No(s). 296 of 2021 (Arising out of SLP(Crl.) No(s). 6364 of 2019] (judgment dated March 10, 2021) : 2021 SCC Online SC 206 the Apex Court while considering the powers under Section 482 Cr.P.C. has held as follows :-

"23. It being a settled principle of law that to exercise powers under Section 482 CrPC, the complaint in its entirely shall have to be examined on the basis of the allegation made in the complaint/ FIR/charge-sheet and the High Court at that stage was not under an obligation to go into the matter or examine its correctness. Whatever appears on the face of the complaint/FIR/charge-sheet shall be taken into consideration without any critical examination of the same. The offence ought to appear ex facie on the complaint/FIR/charge-sheet and other documentary evidence, if any, on record."

13. The scope and ambit of the inherent jurisdiction of the High Court under Section 482 CrPC has been examined in detail by Hon'ble Apex Court in State of Haryana and Others Vs. Bhajan Lal and Others, (1992 Suppl (1) SCC 335). The relevant para is mentioned hereunder :-

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) Where there is an express legal bur engrafted in any of the provisions of the Code on the concerned Act (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 concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide 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 10 private and personal grudge."

14. It has been further elucidated recently by Hon'ble Apex Court in Arnab Manoranjan Goswami Vs. State of Maharashtra and Others, 2020 SCC Online SC 964 where jurisdiction of the High Court under Article 226 of the Constitution of India and Section 482 CrPC has been analysed at great length.

15. Further, in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others reported in AIR 2021 SC 1918, Full Bench of the Apex Court while considering the powers of quashing under Section 482 of the Criminal Procedure Code and/or Article 226 of the Constitution of India has illustrated the circumstances under which quashing of a criminal case can be done and/or interim order can be granted.

16. Therefore, the disputed defence of the accused cannot be considered at this stage. In absence of any of the grounds recognized by the Supreme Court which might justify the quashing of complaint or the impugned proceedings, the prayer for quashing the same is not sustainable in the eyes of law. I do not see any abuse of the court's process either. The summoning court has been vested with sufficient powers to discharge the accused even before the stage to frame the charges comes, if for reasons to be recorded it considers the charge to be groundless. Moreover, the applicants have got a right of discharge through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. Having considered the rival submissions advance by learned counsel for the applicants and learned A.G.A. and the material available on record, in the light of dictum of Hon'ble Apex Court as discussed above, no ground is made out to consider the merits of the instant case. As such, prayer of quashing, as made in instant application, is hereby refused.

17. Accordingly, the present application under Section 528 B.N.S.S. is hereby dismissed.

Order Date :- 11.8.2025

Sumit K.