Dismissed

Hari Shankar Pandey and 2 Others v. State of U.P. and Another

Allahabad HC22 Dec 2021A482/17512/2021

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the High Court dismissed the plea to quash the proceedings and charge sheet filed against the applicants. The Court found that the FIR and investigation were bona fide, supported by injury reports and statements, and rejected the claim of malicious intent to harass.

What did the court decide?

The application under Section 482 Cr.P.C. praying for quashing of proceedings and charge sheet is dismissed.

Hari Shankar Pandey and 2 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2021)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 17512 of 2021

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Applicant :- Hari Shankar Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Brijesh Kumar Mishra, learned counsel for the applicants; Sri Om Prakash Dwivedi learned AGA for the State and perused the record of the case.

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The present Application u/s 482 Cr.P.C. has been filed by the applicants with a prayer to quash the proceedings as well as the impugned charge sheet dated 7.2.2020 alongwith cognizance order dated 23.10.2020 in Criminal Case No. 1561 of 2020 (State Vs. Harishankar Pandey and others) arising out of case crime No. 601 of 2019, under Sections 147, 148, 323, 325, 452, 504, 506 IPC, P.S. Sarainayat, District Prayagraj, pending in the Court of A.C.J.M. Court No.-17, Prayagraj.

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The contention of the learned counsel for the applicants is that there are cross cases and both the parties sustained injuries. Apart from this argument, no other argument was placed by the learned counsel for the applicants. Learned counsel for the applicants submitted that as the present case has been filed with malicious intention as a counterblast and without any proper investigation charge sheet was filed against the applicant, therefore, the same may be quashed.

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Per contra, learned AGA submitted that perusal of the FIR and statements recorded during investigation, prima facie, discloses offences under Sections 147, 148, 323, 325, 452, 504, 506 IPC against the applicants and there are number of injured persons also. There injury report is also on record and as far as argument in respect of malicious prosecution is concerned, that cannot be properly appreciated at this stage and on this ground charge sheet cannot be quashed.

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Perusal of the FIR shows that all the three applicants participated in comission of the crime and caused injuries to four injured persons. The statements recorded by Investigating Officer during investigation also supported the prosecution version and after investigation, charge

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sheet was filed against the applicants under Sections 147, 148, 323, 325, 452, 504, 506 IPC. The argument advanced by learned counsel for the applicants that the present case has been filed with ulterior motive only to harass the applicants as a counter blast, cannot be accepted, at this stage and neither on that ground, charge sheet and the criminal proceeding, can be quashed.

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In view of the above, the present application u/s 482 Cr.P.C. is devoid of merit and is accordingly, dismissed .

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Order Date :- 22.12.2021 Ankita

Hari Shankar Pandey and 2 Others v. State of U.P. and Another

Case brief

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Hari Shankar Pandey and 2 Others v. State of U.P. and Another

Case brief

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