Allahabad High Court
Shekh Ajimullah And 2 Others vs State Of U.P. And Another on 2 June, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:94330
Court No. - 49
Case :- APPLICATION U/S 528 BNSS No. - 14643 of 2025
Applicant :- Shekh Ajimullah And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shamasul Eslam
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 528 BNSS application has been filed to quash the impugned order dated 28.02.2025 passed by Chief Judicial Magistrate, Ballia in Case Crime No. 111 of 2024, under sections 323, 504, 506, 324 I.P.C., Police Station Kotwali, District Ballia.
3. It is alleged in the F.I.R that applicant assaulted the informant and his son with lathi, danda, legs, fists and as a result thereof the informant's son received grievous injuries.
4. Learned counsel for the applicants submits that applicants have been falsely implicated in the present case . All the allegation alleged in the FIR are false and baseless and are not supported by any evidence and the medical examination report of the injured is not supporting the prosecution story. FIR was lodged with malice intention as informant is having previous enmity with the applicants. Investigating Officer has not collected any evidence against the applicants. Cognizance taken by learned magistrate is abuse of the process of the court.
5. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the submission raised by applicant's counsel and submitted that submission raised by learned counsel for the applicant is disputed question on facts which cannot be adjudicated at this stage. Medical examination report of the injured supported the prosecution story. Injured have received six injuries which are grievous in nature.
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. Considered the arguments raised by both the parties, prima-facie, offfence is made out against the applicants. Investigating officer has collected cogent evidence against the applicants. No interference is warranted. The present 528 application of applicants- Shekh Ajimullah, Serajuddin and Imran, is hereby dismissed with the aforesaid observation
Order Date :- 2.6.2025
PS
