The applicant sought to quash criminal proceedings under Section 482 Cr.P.C. alleging false prosecution arising from civil disputes. The court noted that the lower court's cognizance suffered no illegality and prima facie an offence was made out.
Application dismissed; Applicant directed to apply for bail within 30 days for subsequent hearing.
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Court No. - 46
Case :- APPLICATION U/S 482 No. - 33800 of 2018
Applicant :- Mahadev Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narsingh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and the learned AGA and have taken through the record.
By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to quash the entire criminal proceedings initiated pursuant to the charge sheet dated 16.4.2008 whereupon cognizance has been taken against the applicant to face the trial in Case Crime No.447 of 2007 under Sections 419/420/467/468 IPC, Police Station Parasrampur, District Basti .
It is submitted by the learned counsel for the applicant that the applicant is maliciously being prosecuted in the present case on the basis of false allegations made in the first information report. The prosecution story is the offshoot of the civil proceedings going on between the applicant and the opposite party no.2. The entire prosecution story is based on fabricated facts which has culminated into grave injustice with the applicants. The investigation has also been done in very pedantic and flimsy manner which has culminated into charge sheet. Prima facie no cognizable offence is made out against the applicant. The prosecution of the applicant on the basis of false allegations is nothing but sheer abuse of process of law and deserves to be vitiated.
Per contra learned AGA contended that the investigation was done in a fair and impartial manner and the investigating agency collected credible and clinching material on the basis of which charge sheet was submitted. The applicant will have ample opportunity to rake up their defence at the appropriate stage. The civil and criminal proceedings can run simultaneously.
From the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that no offence has been made out against the applicant. Cognizance taken by the trial court, whereby the applicant has been summoned to face the trial suffers from no illegality and as such the prayer for quashing the proceedings is refused. At the stage of issuing process the court below is not expected to examine and assess in detail the material placed on record. Only this has to be seen whether prima facie cognizable offence is made out or not. The Apex Court has also laid down the guidelines in the case State of Haryana Vs. Bhajanlal, 1999 SCC(Crl) 426, and State of Bihar Vs. P. P. Sharma, 1992 SCC(Crl) 192.where the criminal proceedings could be interfered and quashed in exercise of its power envisaged under section 482 Cr.P.C.
Having considered rival submissions advanced by the learned counsel for the parties, this Court does not find any justifiable ground for quashing the
proceedings pursuant to the charge sheet in the aforesaid case in exercise of its inherent powers conferred under section 482 Cr.P.C. . The application is bereft of merits and is accordingly dismissed.
However, considering the facts and the circumstances of the case , it is directed that in case applicant appears before the court concerned in the aforesaid case within 30 days and applies for bail, the same shall be heard and disposed of in accordance with law.
Order Date :- 11.10.2018 Naim
2 issues framed by the court
Whether the criminal proceedings initiated pursuant to the charge sheet under Sections 419/420/467/468 IPC should be quashed under Section 482 Cr.P.C.
Whether prima facie a cognizable offence is made out against the applicant on the basis of the prosecution story.
Colour shows how this judgement treated each authority
State of Haryana Vs. BhajanlalReferred¶9
State of Haryana Vs. Bhajanlal, 1999 SCC(Crl) 426 · Who else cites this
State of Bihar Vs. P. P. SharmaReferred¶9
State of Bihar Vs. P. P. Sharma, 1992 SCC(Crl) 192 · Who else cites this
2 provisions across 2 enactments
Mahadev
State Of U.P.
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
