Lal Ji And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Lal Ji And 3 Others vs State Of U.P. And Another on 12 May, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:76448
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 35754 of 2024
 

 
Applicant :- Lal Ji And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anil Kumar,Jai Prakash Prasad,Savan Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Prashant Kumar,J.
 

1. Heard learned counsel for the applicants, Sri Vishwa Jyoti Sahai, learned A.G.A. for the State-O.P. no.1 and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash summoning order dated 24.07.2023 as well as the entire proceedings of Complaint Case No.245 of 2022, under Sections 323, 452 IPC, Police Station-Karari, District-Kaushambi pending in the Court of Civil Judge (Junior Division), Fast Track Court-II/Judicial Magistrate, Kaushambi.

3. In the instant matter, O.P. no.2 moved an application u/s 156(3) wherein it has been alleged that on 24.10.2022 the applicants entered in her house and assaulted her with lathi, danda causing injuries to her. After adducing evidence and recording statements u/s 200 and 202 Cr.P.C., summoning order has been passed on 24.07.2023, which has been assailed by means of instant application.

4. Learned counsel for the applicants submitted that brother of applicant no.2 has lodged NCR u/s 323, 504 IPC against husband and son of O.P. no.2 on 24.10.2022 with the allegation that they have beaten and caused injuries to them. He next submitted that the complaint lodged by O.P. no.2 is just a cross case to the proceedings lodged by members of applicant side. He submitted that the injuries sustained by O.P. no.2 are simple in nature and even the injured were medically examined after two days of the incident, which casts doubt upon the seriousness of the injuries. He further submitted that the applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicants. He also pointed out certain documents in support of his contention.

4. Per contra, learned A.G.A. vehemently opposes the application and contended that it is a matter of cross case so, it cannot be denied that the occurrence did not take place. He also added that the instant matter needs adjudication of facts, which cannot be done by this Court while exercising its power conferred u/s 482 Cr.P.C. and it can only be looked by the trial court during the trial of the case. It is further submitted that the summoning order does not suffer from any illegality, which warrants any interference by this Court.

5. From the perusal of 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. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.

6. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-

"(i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

(v) 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.

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

(vii) Where a criminal proceeding is manifestly attended with mala fides 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 to private and personal grudge."

7. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.

8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.

9. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.

Order Date :- 12.5.2025

Manish Himwan