Court dismissed an application seeking quashment of charge sheet and cognizance order under Section 482 Cr.P.C. in an SC/ST atrocities case. Held that allegations make out a prima facie case and questions are for trial court.
Application under Section 482 Cr.P.C. for quashment of charge sheet and cognizance order dismissed.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 15915 of 2021
Applicant :- Ram Alaf And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar,Bholanath Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge sheet no.A-35 of 2020 dated 01.03.2020 as well as cognizance order dated 29.06.2020 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), Azamgarh in Case Crime No.0277 of 2019 under Sections 147, 323, 504, 506 I.P.C. and Section 3(1)r, 3(1)s, 3(2)5a of SC/ST (Prevention of Atrocities) Act, 1989 Amendment (2015), Police Station Saraimeer, District Azamgarh, pending in the court of Additional Sessions Judge/Special Judge (SC/ST Act), Azamgarh.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. The charge-sheet indicates that cognizance offences are made out against the applicants.
I have heard learned counsel for the applicants and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicants.
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.
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 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.
Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.
The submissions made by the applicant's counsel 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 pre-trial before the actual trial begins. 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 complaint, and also the material available on record make out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the complaint or the summoning order or the proceedings against the applicant 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.
No interference is required by this Court.
Needless to state that in the eventuality of filing any bail application by the applicants before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering entire aspect of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
With the above observation, this application stands disposed of .
Order Date :- 3.9.2021
MN/-
2 issues framed by the court
Whether the High Court is justified in quashing the charge sheet and cognizance order in a case under Section 482 Cr.P.C. where the allegations make out a prima facie cognizable offence?
Do the allegations constitute an absurd or improbable case sufficient to justify quashing criminal proceedings under Section 482 Cr.P.C.?
Colour shows how this judgement treated each authority
Chandra Deo Singh Vs. Prokash Chandra BoseReferred¶9
Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 · Who else cites this
Vadilal Panchal Vs. Dattatraya Dulaji GhadigaonkerReferred¶9
Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 · Who else cites this
Smt. Nagawwa Vs. Veeranna Shivalingappa KonjalgiReferred¶9
Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 · Who else cites this
R.P. Kapur Vs. State of PunjabReferred¶10
R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 · Who else cites this
State of Haryana Vs. Bhajan LalExplained¶10
State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 · Who else cites this
3 provisions across 3 enactments
Ram Alaf and 4 Others
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
