Dismissed

Karimuddin @ Guddu and 2 Others v. State of U.P. and Another

Allahabad HC7 Mar 2022A482/14550/2021

Case brief

AI extract

What is this about?

A s. 482 Cr.P.C. application sought quashing of charge sheet and proceedings in an alleged caste-based assault case. The court held the identity dispute is for trial, noting sufficient prima facie evidence. The application was dismissed but bail was directed to be considered expeditiously.

What did the court decide?

Criminal miscellaneous application under Section 482 Cr.P.C. dismissed; direction to consider bail applications expeditiously.

Karimuddin @ Guddu and 2 Others Vs State of U.P. and… — Caste Atrocities | Allahabad HC (2022)

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Court No. - 91 Case :- APPLICATION U/S 482 No. - 14550 of 2021 Applicant :- Karimuddin @ Guddu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azad Khan,Matiur Rehman Khan 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 under section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 16.12.2019 as well as the entire Criminal Proceeding of S.S.T. No.07 of 2020(State Vs. Navi Rasool and others), arising out of Case Crime No.330 of 2019, under sections 323, 504, IPC and section 3(1)(Da) SC/ST Act, Police Station Kopaganj, District Mau, as well as the cognizance order dated 17.01.2020, pending in the court of learned Special Judge (SC/ST Act), District Mau.

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Opposite party no.2 lodged an FIR in the aforesaid sections making allegation that on 02.11.2019 on the way the accused persons met and abused him with casteist remarks and also assaulted him. They also assaulted the mother and sister of the complainant. The injured were medically examined and after investigation charge sheet has been submitted.

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Submission of learned counsel for the applicants is that applicants are not named in the FIR. In his statement recorded under section 161 Cr.P.C. the complainant has repeated the version of FIR and taken the name of the applicants. It also contended that in reality maar-peet happened between the opposite party no.2 and one Akash Ram and applicants only intervened to stop this scuffle, hence the opposite party no.2 has lodged the case against the applicants. It is also contended that the applicants are innocent and they have not committed any

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offence. They have been falsely implicated. No offence is made out against the accused-applicants. All injuries are simple and superficial.

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Learned AGA contended that with regard to incident dated 02.11.2019, FIR and counter FIR have been lodged. Persons from both the sides have received injuries. Medical examination report of the injured of this case is on record. On the basis of credible evidence charge sheet has been submitted and learned Magistrate has taken cognizance.

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Applicant has been named in the FIR as mistaken identity, which has been explained in the statement of complainant under section 161 Cr.P.C. The other injured have also corroborated the statement of the complainant. The injury reports of all the injured are part of the record. After credible evidence charge sheet has been submitted and learned Magistrate being satisfied with the material on record has taken cognizance. In cross version, which party are aggressor is matter of trial. All the grounds assailed by learned counsel for the applicants are the matter of facts, which can be considered at the time of trial. At this stage only prima-facie case is to be seen. There is no sufficient ground to quash the charge sheet or entire proceeding. The criminal misc. application under section 482 Cr.P.C. lack merits and is liable to be dismissed.

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Accordingly, the criminal misc. application under section 482 Cr.P.C. is dismissed.

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However, it is directed that in case the applicants apply for bail, the same shall be considered and decided expeditiously in view of the various pronouncements of Hon'ble Apex Court and High Court.

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Order Date :- 7.3.2022/VKG

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Digitally signed by VIJAY KUMAR GUPTA Date: 2022.03.08 17:43:15 IST Reason: Location: High Court of Judicature at Allahabad

Karimuddin @ Guddu and 2 Others v. State of U.P. and Another

Case brief

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Karimuddin @ Guddu and 2 Others v. State of U.P. and Another

Case brief

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