The High Court dismissed an application under Section 482 CrPC seeking to quash a charge sheet. The court held that prima facie cognizable offences were made out based on the FIR and medical reports, and no mini-trial was possible at this stage.
Application to quash the charge sheet was dismissed.
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Court No. - 47
Case :- APPLICATION U/S 482 No. - 15462 of 2022
Applicant :- Chintaharan Tiwari @ Cheeru Cheeru Maharaj And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satya Prakash Rathor Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Satya Prakash Rathor, learned counsel for the applicants, Sri Om Prakash, learned AGA, for the State and perused the record of the case.
By way of the present application applicants have made a prayer to quash the charge sheet dated 6.7.2021 arising out of Case Crime No. 45 of 2021 under Sections 325, 452 323, 427 and 506 IPC, Police Station Khanna District Mahoba pending in the court of Civil Judge (Junior Division), Mahoba.
Learned counsel for the applicants submitted that on the basis of false allegation opposite party no.2 implicated the applicants in the present matter. He further submitted that even before the alleged incident some dispute arose between the applicants and opposite party no.2 and in this regard a civil suit is also pending in respect of the same property and only due to this enmity applicants have been made accused in this case and during investigation the Investigating OfÏcer failed to investigate the matter properly and without any proper investigation charge sheet has been submitted in a most casual manner against the applicants.
Per contra, learned AGA submitted that there is
specific allegation against the applicants in the FIR that they forcibly entered in the house of opposite party no.2 and assaulted him and due to their assault opposite party no.2 sustained injuries and the injury report is also on record, therefore, prima facie cognizable offence against the applicants is made out and, there is no illegality in the impugned charge sheet filed against the applicants.
I have heard learned counsel for the parties and perused the record of the case.
Perusal of the FIR of the instant matter clearly shows that there was a specific allegation against the applicants that they entered in the house of opposite party no.2 and damaged household goods and assaulted him and due to their assault opposite party no.2 also sustained injuries which is filed along with the present application as Annexure-2 to the afÏdavit filed in support of the present application and opposite party no.2 was advised for X-ray. X-ray report is also on record which shows that due to the assault made by applicants wrist of opposite party no.2 fractured. As prima facie from the perusal of FIR and the statement recorded by Investigating OfÏcer during investigation cognizable offence under Sections 325, 452, 323, 427 and 506 IPC clearly made out against the applicants, therefore, in my opinion charge sheet against the applicants cannot be quashed.
As far as the arguments advanced by the learned counsel for the applicants is concerned that to enmity applicants have falsely been implicated in the present case that argument cannot be appreciated at this stage as it is settled that at this stage, mini trial is not possible.
The present application is devoid of merit and it is, accordingly, dismissed.
Order Date :- 23.6.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.06.28 13:32:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge sheet in a criminal case arising from alleged assault and property damage can be quashed under Section 482 CrPC.
Chintaharan Tiwari
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
