Single Judge quashed application under Section 482 CrPC. Court held FIR prima facie disclosed cognizable offenses despite applicant claims of false implication and missing witness statements.
Application to quash charge sheet and proceedings dismissed.
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. - 91
Case :- APPLICATION U/S 482 No. - 12408 of 2022
Applicant :- Shiv Kumar And 3 Others Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Mritunjay Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Mritunjay Yadav, learned counsel for the applicants, Ms. Sushma Soni, learned AGA for the State and perused the record of the case.
By way of present application, applicants made prayer to quash the charge-sheet dated 05.06.2018, cognizance order dated 01.10.2018, summoning order dated 24.10.2018 and bailable warrant dated 09.11.2021 and proceedings of Case No. 3012 of 2018 arising out of Case Crime No. 949 of 2017, under Sections 354, 323, 504, 506 IPC, Police Station Handia, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.8, Allahabad.
Learned counsel for the applicant submitted that applicants in the present case have been falsely implicated by the opposite party no.2 due to previous enmity, which is pending between both the parties in respect of field. He further submitted that neither applicants assaulted the wife and son of opposite party no.2 nor they tried to outrage the modesty of wife of opposite party no.2. He further submitted that during investigation, Investigating Officer failed to consider the fact that there is long standing enmity is going on between the parties and merely on the basis of statement of witnesses, he filed the charge-sheet in the present case, therefore, committed grave error of law, therefore, impugned charge-sheet filed against the applicants is bad.
Per contra, learned AGA submitted that there is specific allegation against the applicants that due to enmity, they tried to outrage the modesty of wife of opposite party no.2 and assaulted her and as well as her son and even applicants neither annexed the statement of any witnesses nor injury report of the injured person, therefore, present application is liable to be dismissed.
I have heard both the parties and perused the record of the case. It is a case in which prayer has been made to quash the chargesheet submitted by the Investigating Officer against the
applicants under Sections 354, 323, 504, 506 IPC, but neither the statement of lady i.e. wife of opposite party no.2, whose modesty was outraged by the applicants, was annexed nor the statement of son of opposite party no.2 has been annexed although there is specific allegation that applicants assaulted the wife of opposite party no.2 and as well as her son. The perusal of the FIR, prima facie discloses cognizable offence against the applicants, therefore, no indulgence is required at this state.
Accordingly, the present application is dismissed.
Order Date :- 26.5.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.06.14 10:57:42 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the charge sheet should be quashed under Section 482 CrPC due to alleged false implication and grave error of law by the investigation.
Whether the lack of annexation of witness statements justifies quashing the criminal proceedings initiated for atrocities.
2 provisions across 2 enactments
Shiv Kumar
State Of U.P
Sameer Jain
Ak Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
