Allahabad High Court
Shyam Singh And 2 Others vs State Of U.P. And Another on 30 July, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:126926
Court No. - 72
Case :- APPLICATION U/S 482 No. - 39601 of 2024
Applicant :- Shyam Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lavesh Sharma,Ravindra Sharma
Counsel for Opposite Party :- G.A.,Rajrshi Gupta
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; counsel for the opposite party no.2; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the impugned Order Dated 07.10.2024 passed by the Court of Additional Sessions Judge Court No. 29, Agra, Criminal Revision No.257/2024, in Case Crime No.45/2022 (Dharmendra Vs Shyam Singh & Others) U/s 307, 323, 504, 506 IPC, Police Station Iradat Nagar, District Agra.
3. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The applicant is witness in some other case, lodged against the informant. Instant F.I.R. is false, baseless and not supported by any evidence. The injuries received by the injured are simple in nature. As per opinion of the doctor, no injury can be caused by fire arm injury. The Investigating Officer did not find any material evidence against the applicant and submitted final report twice. He further submits that no prosecution could proceed against the applicants, in such circumstances.
4. Learned A.G.A. and counsel for the opposite party no. 2 vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that there is fire arm injury and injured has received seven injuries. The opinion of the doctor shall be examined at the stage of trial. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.
5. From the perusal of the 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. In the instant case, informant sustained fire arm injury. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
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.
7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 30.7.2025
Meenu Singh
