Allahabad High Court
Shivkumar vs State Of U.P. And Another on 17 May, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:82513
Court No. - 84
Case :- APPLICATION U/S 482 No. - 39698 of 2024
Applicant :- Shivkumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vijay Singh Rathore
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; 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 Charge-sheet dated 14.02.2014; summoning/cognizance order dated 30.06.2015 passed by the Additional Chief Judicial Magistrate, Jalaun as well as entire proceedings of Case No. 1572 of 2015 (State of U.P. vs. H.M. 59 Shivkumar), arising out of Case Crime No. 623 of 2010, under Sections 218, 467, 468, 471, 409 IPC, P.S.-Gohan, District-Jalaun.
3. It is alleged in the F.I.R. that applicant being constable committed fraud and forgery in respect of arm deposit in the year 2004-2009. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The applicant is head constable and no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicant. He further submits that no prosecution could proceed against the applicant, in such circumstances.
4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that charge sheet has been submitted in the year 2014. The applicant was constable and prima facie offence against the applicant is made out. The applicant has intentionally and deliberately not participated in the trial proceedings and now proceedings under Sections 82 Cr.P.C and 83 Cr.P.C. has been initiated against the applicant. It is next submitted that submission raised by counsel for the applicant 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 applicant. The learned Magistrate has rightly summoned the applicant in the aforesaid case. 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 :- 17.5.2025
Meenu Singh
