Dismissed

Gajendra and 7 Others v. State of U.P. and Another

Allahabad HC17 May 2022A482/11467/2022

Case brief

AI extract

What is this about?

This single judge bench of the Allahabad High Court dismissed an application under Section 482 Cr.P.C seeking quashing of FIR and trial proceedings for IPC offences. The court held prima facie cognizable offence existed and disputed facts cannot be adjudicated at this stage.

What did the court decide?

Prayer for quashing of charge-sheet, cognizance order, and stayed of proceedings refused. Bail application to be disposed by trial court.

Gajendra and 7 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 11467 of 2022

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Applicant :- Gajendra And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Garun Pal Singh, learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.

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This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 20.10.2020 as well as cognizance order dated 27.01.2022 and entire proceedings of Case No.17/IX of 2022 (State vs. Kishan and others) arising out of Case Crime no. 263 of 2020 under section 147, 148, 149, 323, 336, 354 and 354B IPC, P.S. Baldev, District Mathura pending in the Court of Civil Judge (Junior Division) Fast Track Court, Judicial Magistrate, Mathura and also a prayer is made to stay the proceedings in this case till the disposal of this application.

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It is contended by the learned counsel for the applicants that the accused-applicants have been falsely implicated by the opposite party no. 2 and no such occurrence has taken place. The present proceedings are the malicious and the same was initiated by the opposite party no. 2 with malafide intention just to pressurize the applicants. If proceedings are allowed to continue that would amount to an abuse of process of court, therefore, charge-sheet needs to be quashed.

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Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.

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After investigation, charge-sheet has been submitted by the Investigating Officer after having recorded statements of witnesses.The veracity of the statement of the witnesses cannot be tested in proceedings u/s 482 Cr.P.C. From the evidence on record, it cannot be said that cognizable offence is not made out against the accused-applicants.

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From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicants. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case

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is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9 . The disputed defense of the accused cannot be considered at this stage.

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The prayer for quashing the proceedings of the aforesaid case is refused.

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However, if the applicants file bail application, their bail application shall be decided by the trial court considering the law laid-down by Hon'ble Apex Court in Statendra Kumar Antil vs. Central Bureau of Investigation passed in Special Leave to Appeal (Criminal No. 5191 of 2021).

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The instant application is disposed of.

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Order Date :- 17.5.2022 AU

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Digitally signed by ADEEB UDDIN Date: 2022.05.18 10:31:45 IST Reason: Location: High Court of Judicature at Allahabad

Gajendra and 7 Others v. State of U.P. and Another

Case brief

What is this about?

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Gajendra and 7 Others v. State of U.P. and Another

Case brief

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