Dismissed

Ram Saran Das v. State of Up and Another

Allahabad HC21 Jan 2020A482/1512/2020

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the applicant sought quashing of a charge sheet and cognizance order in a theft case alleging false implication and planted recovery. The High Court dismissed the plea, holding that factual matrix and bona fides of informant are for the trial court.

What did the court decide?

Application under Section 482 Cr.P.C. to quash impugned charge sheet and cognizance order dismissed.

Ram Saran Das Vs State of Up and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 1512 of 2020

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Applicant :- Ram Saran Das Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Babu Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.

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This application under Section 482 Cr.P.C. has been filed by applicant with prayer to quash the impugned charge sheet dated 21.08.2019 along with cognizance taking order dated 28.09.2019 by Court of Chief Judicial Magistrate, Mathura, arising out of Case Crime No. 1037 of 2018, under Sections 380, 457, 436, 427, 411 I.P.C., Police Station Vrindavan, District Mathura.

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Learned counsel for the applicant argued that applicant had purchased a house through registered sale deed, for which a civil suit was filed against him, but no relief could be obtained by informant-plaintiff. Subsequently, this false case was got registered against unknown person. Thereafter, a planted recovery was made against him, wherein he has been implicated and charge sheeted, as above, whereas in his statement recorded under Section 161 Cr.P.C. he has narrated above facts and circumstances. It was an abuse of process of law. Hence, this application with above prayer.

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Learned A.G.A. has vehemently opposed the application.

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From the very perusal of first information report, it is apparent that it was got lodged by Sukhveer Singh against unknown i.e. though there were previous litigation in between regarding a house, but name of accused was not written in it. It itself shows the bona fide of informant. This case crime number was investigated and a recovery of stolen article including a revolver was made from accused persons, wherein applicant was in possession of above stolen revolver. Hence, this Court in exercise of inherent jurisdiction under Section 482 Cr.P.C. is not to embark upon factual matrix because the same is a question before trial court to be seen during trial.

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In view of above facts and circumstance, there is no ground of any indulgence by this Court in above proceeding. Accordingly, the application is dismissed .

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Order Date :- 21.1.2020 NS

Ram Saran Das v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ram Saran Das v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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