Dismissed

Dr. Shashi Tewari v. State of U.P. and Another

Allahabad HC25 Sept 2018A482/7870/2006

Case brief

AI extract

What is this about?

High Court, Court No. 48, in an application under Section 482 CrPC sought quashing of a charge sheet in a Section 304A IPC case. The single-judge bench observed that the matter involved disputed questions of fact and did not fall under established categories for quashing. The application was dismissed, with liberty to seek discharge at the appropriate stage in the court below.

What did the court decide?

Application u/s 482 Cr.P.C. dismissed; interim order vacated; liberty to seek discharge in court below.

Dr. Shashi Tewari Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 48

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Case :- APPLICATION U/S 482 No. - 7870 of 2006

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Applicant :- Dr. Shashi Tewari Opposite Party :- State Of U.P. & Another Counsel for Applicant :- K.K. Dwivedi Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Karuna Nand Bajpayee,J.

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This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet as well as the entire proceedings arising out of Case No. 5959 of 2005, "State vs. Shashi Tewari (Court Case No.31 of 2005), u/s 304A I.P.C., P.S.- Kotwali, District- Fatehpur, pending in the Court of C.J.M. Fatehpur.

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Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and learned AGA. Perused the record.

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All the contentions raised by the counsel for the applicants relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon on behalf of applicants. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The submissions made by the learned counsel for the applicants call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pretrial before the actual trial begins.

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The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required.

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Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard.

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The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against

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the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.

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Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.

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A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the F.I.R. and the material collected by the Investigating Officer on the basis of which the charge sheet has been submitted makes out a prima facie case against the accused at this stage and I do not find any justification to quash the charge sheet or the proceedings against the applicants arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.

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The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.

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The interim order, if any, is vacated.

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The application stands dismissed.

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In the last the counsel has submitted that the applicant desires to seek his discharge and for that a liberty may be granted to him.

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In this regard it may be observed that under the statutory scheme of law there is a stage where the Court decides upon the appropriateness of framing the charge against the accused after hearing him or pass order of discharge. If under appropriate section at appropriate stage the applicant moves before the court below seeking his discharge it is expected that the court shall adjudicate upon the same in accordance with law. For this purpose no additional judicial order is required.

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Order Date :- 25.9.2018 shiv

Dr. Shashi Tewari v. State of U.P. and Another

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Dr. Shashi Tewari v. State of U.P. and Another

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