Court dismissed an application under Section 482 CrPC seeking quashing of criminal proceedings. It held that a prima facie case was made out based on FIR and injury report, dismissing allegations of fabrication.
Application for quashing proceedings dismissed; however, applicants directed to surrender within three weeks for bail hearing.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 28266 of 2021
Applicant :- Mohd. Maaz And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for applicants, learned AGA for State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Case No. 3465 of 2021, (case crime no.131 of 2021), State versus Maaz and others, Police Station Ghambirpur, District Azamgarh and charge sheet dated 31.08.2021 as well as cognizable order dated 15.09.2021.
Learned Counsel for the applicants submits that applicant are innocent and have been falsely implicated in the present case. They have committed no offence. The entire prosecution story is false and fabricated. No offence against the applicants is made out under the aforesaid sections. Applicant no.1 lives in foreign in respect of his business and he was not present on spot at the time of incident. X-Ray report of injured shows no abnormality and fractured was not found in X- Ray. No offence under Section 308 IPC is made out. It is further submitted that FIR is delayed by thirteen days without any proper explanation and in the same incident police challaned some accused under Section 151 Cr.P.C. in which applicants were not involved. Against the present FIR a writ was filed by the applicants for quashing the FIR and they were protected during investigation. He showed some papers and statements in favour of his contention.
Learned AGA opposed the application by submitting that in the incident two persons were injured. Injury report has been annexed by the applicants in file and from injuries, case under
Section 308 IPC is made out. There is a plea of alibi which can be considered after the evidence is adduced by both the parties. Entire submissions made by the learned Counsel for the applicants is on fact which cannot be adjudicated in the proceedings under Section 482 Cr.P.C.
A look at FIR and allegations made therein, statement of witnesses under Section 161 Cr.P.C., injury report of victims would show that victim / opposite party no. 2 herein, incorporated the ingredients necessary for prosecuting the accusedapplicants for the offence alleged. The question whether the victim will be able to prove the allegation in the manner known to law would arise only at a later stage. It cannot be said that primafacie case is not made out against the applicants.
Upon consideration over all facts and circumstances of the case, rival submission made by learned Counsel for the parties, allegations made in the FIR, cognizable offence against the applicants is made out; I do not find any good ground warranting interference in the matter.
Accordingly, application under Section 482 Cr.P.C. is hereby dismissed.
However, it is directed that applicants shall surrender within three weeks from today, their bail applications shall be heard and decided by the Court below, in accordance with law.
Order Date :- 5.3.2022 I.A.Siddiqui
Digitally signed by IMRAN AHMAD SIDDIQUI Date: 2022.03.08 18:43:01 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether sufficient ground exists under Section 482 CrPC to quash proceedings for Section 308 IPC.
Whether the alleged fabricated story and lack of identify a prima facie offence.
Whether the injury report establishes ingredients for prosecution.
2 provisions across 2 enactments
Mohd. Maaz And 3 Others
State of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
