Single judge quashed application to quash criminal proceedings under Section 482 Cr.P.C., holding that facts and credibility determinations fall within the trial court's jurisdiction.
Application for quashing of charge sheet refused; 30-day stay on coercive action granted conditional on surrender.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 14074 of 2022
Applicant :- Ajay And 5 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
By means of this application under section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court for quashing of the charge sheet as well as the entire proceedings of Case Crime No.68/2021 (State vs. Ajay and others), under Sections 147, 148, 149, 323, 504, 506, 352, 325 IPC, P.S. Jaswant Nagar, District Etawah, pending in the Court of Additional Chief Judicial Magistrate-II Etawah.
It has been argued by the learned counsel for the applicants that the first information report of this case was lodged by opposite party no.2 making false and baseless allegations and that charge-sheet has been submitted in a routine manner without proper investigation. No specific role has been assigned to applicants and that only general allegations have been levelled. It is submitted that no prima facie case is made out against the applicants.
Learned A.G.A. has opposed the application and argued that from the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants.
I have considered the rival submissions of the parties.
The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal , Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases.
In the instant matter, the submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
In view of the material on record and considering the law laid down by Hon'ble Apex Court in case of State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, R.P. Kapur Vs. State of
Punjab, A.I.R. 1960 S.C. 866 and State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 , no case for quashing of impugned proceedings, charge sheet or cognizance order is made out. Hence, the prayer as made above is hereby refused.
However, keeping in view the facts of the matter, it is directed that in case, applicants appear and surrender before the court below within 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously, in accordance with settled law. For a period of 30 days from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observations, the instant application is disposed of finally.
Order Date :- 6.6.2022 A. Tripathi
Digitally signed by AKHILESH TRIPATHI Date: 2022.06.07 10:15:13 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether quashing of charge sheet pursuant to Section 482 Cr.P.C. can be granted as no prima facie case is made out against the applicants.
Whether applicants assignments of false allegations and routine charge sheet warrant quashing of criminal proceedings.
Colour shows how this judgement treated each authority
State of Haryana and others Vs. Ch. Bhajan LalExplained¶10
AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal · Who else cites this
State of Haryana Vs. Bhajan LalExplained¶12
1992 SCC (Cr.) 426 · Who else cites this
R.P. Kapur Vs. State of PunjabExplained¶12
A.I.R. 1960 S.C. 866 · Who else cites this
State of Bihar Vs. P.P. SharmaExplained¶12
1992 SCC (Cr.) 192 · Who else cites this
1 provisions across 1 enactments
Ajay and 5 Others
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
