Application under Section 482 Cr.P.C. for quashing of impugned order dismissing discharge application and criminal proceedings was dismissed. Court held prima facie case was made out against applicants based on medico-legal report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- APPLICATION U/S 482 No. - 610 of 2020
Applicant :- Shivdas Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Sunil Kumar Singh, learned Counsel for applicants, learned AGA for State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the order dated 04.12.2019 as well as entire criminal proceedings of Session Trial No.260 of 2017, Case Crime No.873 of 2015 in Original NCR No.62 of 2015, under Sections 147, 323, 504, 506, 427, 452 and 308 IPC, Police Station Gadwar, District Ballia pending in the Court of Additional Sessions Judge, Court No.3, Ballia.
Learned Counsel for the applicants submitted that applicants are innocent. They have committed no offence. Prosecution story is false and fake. They have been falsely implicated on account of enmity. It is further submitted that there are general allegations against the accused-applicants. Injury found on the person of victim was advised for X-Ray by the doctor but in X-Ray report nothing has been detected and no case is made out for the offence levelled against them and there is no sufficient evidence against the applicants to frame the charge but trial Court dismissed their applications for discharge.
Learned AGA opposed and submitted that applicants are named in the FIR. They assaulted the victim who received serious injuries on his body including his head. During investigation doctor stated that injury was serious and victim was undergone seven days treatment. There is sufficient evidence against them to frame charge. It is further submitted that charge can be frame due to the mere suspicion.
It appears that Informant Shyam Sunder Vishvakarma moved an application in the Police Station Gadwar, District Ballia stating that on 07.06.2015 at about 12 O' Clock accused Shiv Das, Santosh, Jitendra, Vishal and Bhola assaulted his brother Ramesh Sharma. In the incident Ramesh Sharma, Ganga Sagar, Chinta Devi, Savita Devi were also injured in order to save Ramesh Sharma. All the accused fled away abusing and extending threat to kill. On the basis of written report, FIR was
lodged. Injured Shyam Sunder Vishvakarma and Smt. Savita Devi were cross examined. During investigation, Investigating Officer recorded the statements, collected evidence and on the basis of injury report in other evidence Investigating Officer submitted charge sheet against the accused under the aforesaid sections.
After the appearance before trial Court applicants moved an application no.8-B for their discharge which has been dismissed by trial Court vide order dated 04.12.2019 by a detailed and reasoned order which is impugned in the present application.
Photo copy of medico legal report (annexure -2) of Shayam Sunder Vishvakarma reveals that four injuries were found on his person. Injury no.1 was lacerated measuring 6cm x 1cm x bone deep at the left side of head 8cm above left ear. X-Ray was advised. According to doctor due to injury being serious, injured was admitted to hospital for proper treatment and he remained for about seven days, he was discharged on 14.06.2015. He was again admitted on 17.06.2015 later on he was referred to BHU, Varanasi for CT Scan etc. and better treatment. According to him injury found on the head was serious.
Considering over all facts and circumstances of the case, statement of doctor and injury found on the person of victim Shayam Sunder Vishvakarma, it cannot be said that no primafacie case is made out against the accused persons under the offence alleged against them.
In view of aforesaid, I do not find any legal or otherwise irregularity, factual or jurisdictional in the impugned order.
Application lacks merit and is accordingly dismissed.
Order Date :- 14.1.2020 I.A.Siddiqui / Manoj
2 issues framed by the court
Whether sufficient evidence was available to make out a prima facie case against the applicants under the offences alleged.
Whether the High Court is justified in dismissing an application under Section 482 Cr.P.C. for quashing the trial proceedings.
1 provisions across 1 enactments
Shivdas Gupta And 4 Others
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
