The Court rejected an application to quash criminal proceedings alleging malicious prosecution on false grounds. Finding prima facie offence made out, the prayer was dismissed, and bail was permitted within 30 days.
Application to quash proceedings dismissed. Directions for bail application within 30 days.
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Court No. - 46
Case :- APPLICATION U/S 482 No. - 34735 of 2018
Applicant :- Babban @ Babloo And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants and the learned AGA and have taken through the record.
By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the entire criminal proceedings pursuant to the charge sheet dated 7.4.2018 whereupon cognizance has been taken against the applicants to face the trial in Case Crime No. 30 of 2018 under Sections 325/323/452/504 IPC, Police Station Akrabad, District Aligarh .
It is submitted by the learned counsel for the applicants that the applicants are maliciously being prosecuted in the present case on the basis of false allegations made in the first information report. There is material inconsistency in the prosecution version. 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. The prosecution of the applicants 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 applicants cannot claim innocence at the pre-trial stage. There are sufficient material showing the complicity of the applicants.
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 applicants. Cognizance taken by the trial court, whereby the applicants have 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 applicants appear before the court concerned in the aforesaid case within 30 days and apply for bail, the same shall be heard and disposed of in accordance with law.
Order Date :- 28.9.2018 Naim
2 issues framed by the court
Whether the criminal proceedings should be quashed under Section 482 Cr.P.C. based on alleged false allegations and inconsistency in the prosecution version.
Whether the trial court's cognizance and summons to face trial suffer from illegality requiring quashing of proceedings.
Babban @ Babloo And 3 Others
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
