Dismissed

Sardar Jagjot Singh Rishi @ Jagjot Singh and 2 Others v. State of U.P. and Another

Allahabad HC9 Aug 2021A482/6614/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. for quashing criminal proceedings under Sections 498A and 313 IPC, the court held that the prima facie cognizable case was made out despite arguments regarding miscarriage and lack of material evidence, noting that disputed facts must be tried by the Court of Trial.

What did the court decide?

The application for quashing the criminal proceedings and charge-sheet was dismissed; no interference in the impugned orders.

Sardar Jagjot Singh Rishi @ Jagjot… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 6614 of 2021

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Applicant :- Sardar Jagjot Singh Rishi @ Jagjot Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kavindra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully

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This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceeding of Case No. 957 of 2021 (State Vs. Jagjot Singh) and charge-sheet dated 5.5.2020 as well as cognizance order dated 1.12.2020, arising out of Case Crime No. 116 of 2019, under Sections 498A, 313 IPC, Police StationCantt. District-Gorakhpur, pending in the Court of Chief Judicial Magistrate Gorakhpur. Further prayer to stay the further proceedings of the aforesaid case has also been made.

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Learned counsel for the applicants contends that the applicants it is a case of natural miscarriage of the victim, the applicants being husband and in-laws are innocent. It is next contended that there is no material evidence which discloses offence under Section 313 IPC against the applicants. The impugned orders suffers from illegality and are liable to be quashed.

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From the perusal of the material on record it is apparent that the F.I.R. of the alleged incident has been lodged after 8 months which shows the mental agony suffered by the victim. 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. I do not find any substance in the arguments advanced by learned counsel for the applicant.

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The impugned order reflects application of judicial mind. No interference is required by this Court. Moreover, the applicants have got a right of discharge through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

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Needless to state that in the eventuality of filing of any bail/discharge application by the applicant 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.

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It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.

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With the above observation, this application stands disposed of accordingly.

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Order Date :- 9.8.2021 S.Verma

Sardar Jagjot Singh Rishi @ Jagjot Singh and 2 Others v. State of U.P. and Another

Case brief

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Sardar Jagjot Singh Rishi @ Jagjot Singh and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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