Dismissed

Bhajan Lal and 3 Others v. State of U.P. and Another

Allahabad HC21 Nov 2022A482/14168/2022

Case brief

AI extract

What is this about?

In an application to quash a summons and charge-sheet arising from allegations of assault, the High Court applied the principle that上看stage only a prima-facie case is considered. Finding credible evidence of internal head injury causing death, the court held there was no ground to quash proceedings.

What did the court decide?

No relief; the criminal application U/s 482 Cr.P.C. seeking quashing of summoning order and charge-sheet was dismissed.

Bhajan Lal and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 14168 of 2022

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Applicant :- Bhajan Lal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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This criminal misc. application U/s 482 Cr.P.C. has been filed to quash the summoning order dated 24.09.2021 as well as the entire proceeding of charge-sheet dated 05.12.2019 of case no.51113 of 2021 arising out of crime no.746 of 2019 U/s 323, 504, 452, 304 IPC, P.S. Sadar Bazar, District Agra pending in the court of CJM,Agra.

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It is contended by learned counsel for the applicants that applicant and informant (opposite party no.2) are residing in the same area and due to party bandi and some dispute regarding gali, nali and garbage, the informant has falsely implicated the applicants. The injured/ deceased of this case, Chiranji Lal was aged about 80 year at the time of incident and he got brain attack on 04.09.2019 and died due to natural death of brain hemorrhage on 07.09.2019. The postmortem report of the deceased shows that he got no external injury on his body and cause of death was due to come as a result of hemorrhage. It is further contended that the injured/ deceased was examined by the doctor of district hospital Agra on 01.09.2019 at about 9:00 am and the injury report shows two simple injury on his left four-arm and left knee which is simple in nature. The injured could not have died due to aforesaid injuries and postmortem report also indicates that the deceased got no external injury on

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his body. It is next contended that the deceased suffered the injuries due to fall on the floor and when he was taken to Shanti Mangalik Hospital on 01.09.2019, this fact was noted in the prescription on the information given by the injured. It is also contended that the incident is of 01.09.2019 and an afterthought FIR on a concocted version, has been lodged after five days of the incident due to enmity and party bandi. Applicant no.1 is an old aged person aged about 76 years and he is not in a position to assault anyone, in fact, he is not in a position to do his daily routine work without any help . No offence is made out. The charge sheet submitted without any proper investigation in a mechanical and routine manner. The deceased has died natural death. The proceeding is nothing but an abuse of the process of the court.

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Learned AGA opposed the prayer and submitted that in the FIR, it has been alleged that the accused persons named in the FIR assaulted the first informant Bhoore Lal and when Chiranji Lal tried to save him, he was also assaulted by the accused persons. The injured have been examined on the date of the incident itself and their injury reports shows external injuries on their body. It is further contended that the deceased has suffered internal head injury resulting in his death due to hemorrhage as a result of coma. It is further contended that there is sufficient evidence against the applicant. At this stage whether the deceased has suffered injury in the incident or otherwise cannot be adjudicated, it is a matter of trial which cannot be considered at this stage. There is no sufficient ground to quash the chargesheet.

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There is clear and specific allegation against the applicants in the FIR regarding assault. The injury report of both the injured are also on record. The postmortem report of the deceased

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indicates the cause of death is hematoma as a result of coma and hemorrhage has been found on the head. On the basis of credible evidence, charge-sheet has been submitted. Learned Magistrate being satisfied that a prima-facie case has taken cognizance on it.

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It is settled principle of law that at this stage only prima-facie case is to be seen as propounded by the Supreme Court in the case of Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The rest arguments are all matter of trial which cannot be considered and adjudicated at this stage in a proceedings U/s 482 Cr.P.C. There is nothing on record to demonstrate that the proceeding is an abuse of the process of the court or law. There is no sufficient ground to quash the charge-sheet and summoning order or proceeding.

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Accordingly, the application U/s 482 Cr.P.C. devoid of merits and is hereby dismissed .

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Order Date :- 21.11.2022 C. MANI

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Digitally signed by CHANDRAMANI VERMA Date: 2022.11.24 10:50:01 IST Reason: Location: High Court of Judicature at Allahabad

Bhajan Lal and 3 Others v. State of U.P. and Another

Case brief

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Bhajan Lal and 3 Others v. State of U.P. and Another

Case brief

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