Dismissed

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

Allahabad HC22 Jun 2022A482/15333/2022

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What is this about?

An application under Section 482 CrPC seeking quashing of criminal proceedings due to allegations of false implication was dismissed. The court held that existence of injury reports and specific allegations of assault negated the ground for quashing at that stage.

What did the court decide?

Application under Section 482 CrPC dismissing the prayer to quash criminal proceedings.

Guddu and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 47

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Case :- APPLICATION U/S 482 No. - 15333 of 2022

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Applicant :- Guddu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jag Narayan,Sushil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Jag Narayan, learned counsel for the applicants, Sri S.N.Mishra, learned AGA, for the State, and perused the record of the case.

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By way of the present application, the applicants have made a prayer to quash the entire proceeding of Case No.437 of 2020 arising out of Case Crime No.0322 of 2019, under Sections 324, 323, 504, 506 and 308 IPC, Police Station Kotwali Tirwa, District Kannauj pending in the court of Additional Chief Judicial Magistrate, and charge sheet dated 2.2.2020 as well as cognizance order dated 30.9.2020.

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Learned counsel for the applicants submitted that totally on false and frivolous allegations, the applicants have been implicated in the present case by opposite party no.2 and they neither assaulted the injured persons nor they caused any injury to them and without any proper investigation, charge sheet in a routine manner submitted against the applicants.

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Per contra, learned AGA submitted that there is specific allegation against the applicants that they caused injuries to opposite party no.2 and her sister-in-law and her father-in-law and they sustained injuries too and there is injury report which is also on record. He further submitted that there is no illegality in the impugned charge sheet and the present application should be dismissed.

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I have heard learned counsel for both the parties and perused the record of the case.

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As there is specific allegation of assault against the applicants and due to their assault three persons sustained injuries including opposite party no.2 and injury report of all the injured persons are also on record. Therefore, in my opinion, at this stage, there is no good ground on the basis of which impugned proceeding pending against the applicants should be quashed.

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Accordingly, the present application is devoid of merit and it is hereby dismissed.

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Order Date :- 22.6.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.06.24 13:49:01 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

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

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