Single Judge dismissed an application under Section 482 Cr.P.C. to quash criminal proceedings, holding that prima facie cognizable offence was made out and malice or delay did not justify quashing without a mini-trial.
Application under Section 482 Cr.P.C. to quash proceedings is dismissed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 2705 of 2022
Applicant :- Uma Shankar Pandey And 5 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Hari Narayan Singh, Advocate, holding brief of Sri Yogesh Kumar Tripathi, learned counsel for the applicants, Sri Jhamman Ram, learned AGA for the State and perused the record of the case.
By way of the present application the applicants have made a prayer to quash the entire proceedings of Case No.39414 of 2021 arising out of Case Crime No.16 of 2020, under Sections 147,452,323,504 and 506 IPC, Police Station Khajni, District Gorakhpur pending in the court of Judicial Magistrate-III, Gorakhpur and as well as charge sheet dated 22.3.2021 and the cognizance order dated 6.7.2021.
Learned counsel for the applicants submitted that as per FIR, the incident is said to have taken place on 20.12.2019 and FIR of the present matter could only be lodged on 21.1.2020, i.e, after about one month. He further submitted that in respect of the same incident dated 20.12.2019 earlier from the applicants side FIR was lodged against opposite party no.2 and in retaliation only, on the basis of false allegation FIR of the present case was lodged against the applicants from the side of opposite party no.2. He further submitted that there is specific allegation against the applicants that they assaulted opposite party no.2 and her mother and due to their assault opposite party no.2 and her mother sustained
injuries but in District Hospital, Gorakhpur Doctor did not find any visible injury on the body of opposite party no.2, therefore, the entire allegation made against the applicants prima facie appears to be false and baseless and without any proper investigation charge sheet in routine manner has been filed against the applicants.
Per contra, learned AGA submitted that there is specific allegation against the applicants that they assaulted opposite party no.2 and her mother and due to their assault both sustained injuries and even applicants did not file injury report of the mother of opposite party no.2 and as prima facie cognizable offence is made out against applicants, therefore, charge sheet of the present case cannot be quashed and the present application is, therefore, liable to be dismissed.
I have heard learned counsel for both the parties and perused the record of the case.
FIR of the present matter shows that allegation against applicants is that when opposite party no.2 was sleeping in her house then they entered in her house and assaulted her and when her mother intervened then they also assaulted her mother and Doctor at Health Centre noted five injuries on her body and she referred to District Hospital. Further, applicants did not file injury report of mother of opposite party no.2. As from the perusal of FIR and other documents on record, prima facie, cognizable offence against applicants is made out, therefore, in my view, at this stage, no indulgence is needed.
The other argument advanced by the learned counsel for the applicants that due to malice FIR of the present case was lodged after one month as
earlier in respect of the same incident, FIR from the side of applicants was lodged against the side of opposite party no.2, cannot be appreciated at this stage as as this stage mini trial is not possible and merely on the ground of malice and delay in lodging the FIR, criminal proceeding cannot be quashed. Therefore, the instant application under Section 482 Cr.P.C. is devoid of merit and is, accordingly, dismissed.
Order Date :- 5.7.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.07.13 19:20:13 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether prima facie cognizable offence is made out against applicants based on FIR and documents.
Whether delay in lodging FIR or allegations of malice justify quashing criminal proceedings at this stage.
1 provisions across 1 enactments
Uma Shankar Pandey And 5 Others
State of U.P. and Another
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
