Dismissed

Rajesh Dubey and 3 Others v. State of U.P. and Another

Allahabad HC26 Sept 2022A482/26391/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash a charge sheet. The court held that disputed factual allegations regarding a road accident vs. assault could not be decided at this stage and a prima facie case was made out from the FIR and investigation. Relied on settled law that mini-trials are not permissible under Section 482.

What did the court decide?

Application under Section 482 Cr.P.C. praying for quashing of charge sheet and proceedings was dismissed.

Rajesh Dubey and 3 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 26391 of 2022

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Applicant :- Rajesh Dubey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Akash Dwivedi,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rajiv Lochan Shukla, learned counsel for the applicants and Dr. S.B. Maurya, learned AGA-I for the Staterespondent.

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By way of filing application u/s 482 Cr.P.C., the applicants pray for quashing the charge sheet dated 26.7.2021, under sections 147, 148, 149, 323, 325, 452, 504, 506, 302 IPC, P.S. Khajni, District Gorakhpur as well as entire proceeding of S.T. No. 156 of 2022, pending in the court of Chief Judicial Magistrate, Gorakhpur.

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Learned counsel for the applicants submitted that applicants in the present matter have been made accused totally on the basis of false and frivolous allegations. He next submitted that although incident is said to have been occurred at about 9 am in the morning but FIR was lodged at 11:15 pm in the night i.e. after about 14 hours and this fact indicates that FIR is based on false facts. He further urged that although there is allegation against the applicants that they assaulted through wooden sticks but from the perusal of the record of Ranchit Hospital, it is evident that deceased was admitted to hospital due to road accident and this fact is evident from discharge summary of the Ranchit Hospital annexed alongwith SA-1 to the affidavit filed in support of the present application. He next submitted that subsequently deceased died and the injury sustained by him appears to be caused in road accident and it cannot be caused through assault alleged to have been made by lathi-danda. He next submitted that enmity between both the parties have already been admitted and this fact has also been accepted by the opposite party no. 2 even in the FIR and only due to that enmity, applicants subsequently implicated in the present matter but inspite of this fact, charge sheet has been submitted against the applicants and applicants have been summoned in the present matter.

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Per contra, learned AGA submitted that there is specific allegation against the applicants that they made assault and due

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to the assault made by them husband of the opposite party no. 2 sustained injury and he died and in the incident, the brother of the deceased also sustained injuries, therefore, from the perusal of the FIR and other documents on record, it cannot be said that no cognizable offence against the applicants is made out.

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Learned AGA further submitted that the argument advanced by learned counsel for the applicants cannot be appreciated, at this stage, as mini trial, at this stage, is not permissible and the disputed question of facts can only be properly raised before the trial court during the course of trial and trial court can ascertain real facts on the basis of evidence adduced before it, therefore, there is no illegality in the charge sheet filed against the applicants and instant application is, therefore, liable to 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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From the perusal of the record, it reveals that FIR of the present matter was lodged against the applicants and others on 16.5.2021 at about 11:15 pm in the night with regard to the incident dated 16.5.2021 occurred at about 9 am in the morning. According to the FIR, applicants alongwith other coaccused persons made assault through their respective weapons like wooden sticks etc. and due to the assault made by them husband of the opposite party no. 2 sustained injuries and when he tried to save himself and entered in the house then applicants alongwith their associates chased him and entered in his house and badly beaten him inside his house. It is further mentioned in the FIR that when opposite party no. 2 and her brother in law tried to intervene then they pushed opposite party no. 2 and she fell down and in the incident, brother of the deceased also sustained injuries and his hand was fractured. During investigation statement of injured and opposite party no. 2 were recorded and they supported the version of the FIR and after investigation, charge sheet has been submitted against the applicants in the present matter, therefore, from the perusal of the statement of the witnesses and the FIR, prima facie offence under sections 147, 148, 149, 323, 325, 452, 504, 506, 302 IPC is made out against the applicants, thus, it cannot be said that there is any illegality in the charge sheet filed against them.

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Learned counsel for the applicants although vehemently submitted that in fact the deceased died due to the road accident and this fact is evident from his discharge summary of Ranchi Hospital which shows that he brought to the hospital on 16.5.2021 at about 15.12 hours in injured condition and at that time, he was unconscious and in the summary of incident, it is

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mentioned that he sustained injuries due to the road traffic accident from the bike and therefore, this fact indicates, allegation made against the applicants in the FIR and as well as in the statement of the witnesses are false and therefore, charge sheet filed against the applicants is bad but argument regarding road accident cannot be appreciated, at this stage, as law is fairly settled that at this stage, disputed question of fact cannot be taken into account and veracity of facts can only be ascertained by the court below during the course of trial. Further on the grounds of delay in lodgement of FIR and enmity between the parties neither charge sheet can be quashed nor proceedings can be scuttled at its inception.

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Therefore, from the above discussion, I find no merit in the argument advanced by learned counsel for the applicants.

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Accordingly, the present application u/s 482 Cr.P.C. being devoid of merit is, hereby, dismissed .

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Order Date :- 26.9.2022 Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.10.11 19:03:03 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Dubey and 3 Others v. State of U.P. and Another

Case brief

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Rajesh Dubey and 3 Others v. State of U.P. and Another

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