Dismissed

Karan Singh and Others v. State of U.P. and Others

Allahabad HC30 Jul 2019A482/567/2002

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. praying to quash criminal proceedings under Sections 498-A and 506 IPC, the High Court held that allegations of offence were made out. Relying on Md. Allauddin Khan, the court ruled it has no jurisdiction to appreciate evidence or witness contradictions at the quashing stage.

What did the court decide?

Application under Section 482 Cr.P.C. to quash criminal proceedings dismissed due to lack of merit and absence of jurisdictional grounds.

Karan Singh and Others Vs State of U.P. and Others — Quashing and FIR | Allahabad HC (2019)

¶1

Court No. - 34

¶2

Case :- APPLICATION U/S 482 No. - 567 of 2002

¶3

Applicant :- Karan Singh And Others Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- Govt. Advocate

¶4

Hon'ble Sudhir Agarwal,J.

¶5

Heard Sri Dharmendra Singhal, learned counsel for applicants and learned A.G.A. for State of U.P.

¶6

This application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Criminal Case No. 796 of 2000, (State vs. Karan Singh and Others), under Sections 498-A, 506 IPC, Police Station- Shashani Gate, District- Aligarh.

¶7

After going through the FIR and others documents, I am of the view that at this stage it cannot be said that commission of cognizable offence is not made out or there is any error legal or otherwise in the order passed by Court below against applicants. The allegations being factual in nature can be decided only subject to evidence. In view of settled legal proposition, no findings can be recorded about veracity of allegations at this juncture in absence of evidence. Apex Court has highlighted that jurisdiction under Section 482 Cr.P.C. be sparingly/rarely invoked with complete circumspection and caution. Very recently in Criminal Appeal No.675 of 2019 (Arising out of S.L.P. (Crl.) No.1151 of 2018) (Md. Allauddin Khan Vs. The State of Bihar & Ors.) decided on 15th April, 2019, Supreme Court observed as to what should be examined by High Court in an application under Section 482 Cr.P.C. and in paras 15, 16 and 17 said as under :

¶8

" 15. The High Court should have seen that when a specific grievance of the appellant in his complaint was that respondent Nos. 2 and 3 have committed the offences punishable under Sections 323, 379 read with Section 34 IPC, then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not . In other words, in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations

¶9

made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable.

¶10

16. The second error is that the High Court in para 6 held that there are contradictions in the statements of the witnesses on the point of occurrence.

¶11

17. In our view, the High Court had no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure, 1973 (for short "Cr.P.C.") because whether there are contradictions or/and inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties. That stage is yet to come in this case." (Emphasis added)

¶12

No material irregularity in the procedure followed by Court below has been pointed out. It is not a case of grave injustice justifying interference in this application at this stage.

¶13

The application lacks merit and is accordingly dismissed.

¶14

Order Date :- 30.7.2019 Siddhant Sahu

Karan Singh and Others v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Karan Singh and Others v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kesho Ram Vs State

Hargyan Singh Vs State

Tirath Singh Vs State of U.P.

Salman Vs State of U.P.

Rajendra Kumar Agarwal Vs State of U.P. and Another

Harish Chandra Tripathi Vs State of U.P. and Others