Dismissed

Shyam Bihari and 7 Others v. State of U.P. and Another

Allahabad HC2 Nov 2022A482/32136/2022

Case brief

AI extract

What is this about?

The High Court refused to quash the charge sheet and summoning order in a criminal case alleging assault and hurt. The court held that a prima facie offence was made out and that disputed questions of fact could not be considered at the interlocutory stage.

What did the court decide?

Prayer for quashing the charge sheet and summoning order refused. Bail application to be considered in returnable court.

Shyam Bihari and 7 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 32136 of 2022

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Applicant :- Shyam Bihari And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Tiwari,Rakesh Kumar Gupta Counsel for Opposite Party :- G.A.,Pawan Kumar

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Hon'ble Rajiv Gupta,J.

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Supplementary afÏdavit filed by learned counsel for applicants is taken on record.

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Heard learned counsel for the applicants, Shri Pawan Kumar, learned counsel for first informant and learned A.G.A. for the State and perused the record.

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This application u/s 482 has been filed by the applicants with the prayer to quash the charge sheet dt. 30.10.2021 as well as summoning order dt. 4.8.2022, in case no. 8534/2022, case crime no. 0224 of 2021, under section 147, 323, 325, 452, 308 I.P.C. P.S. Nichlaul, District Maharajganj, pending in the court of A.C.J.M, Maharajganj.

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As per the allegations made in the F.I.R. and the statement recorded under section 161 Cr.P.C, it is alleged that on 7.6.2021 at about 11.30 p.m. in the late evening, the applicants armed with Lathi and Danda, forcibly entered into the house of the first informant, dragged the complainant's daughter out of her house and assaulted her, causing fracture injury and further assaulted the complainant by Lathi on is head causing serious injury. On account of assault made by the applicants, the victim suffered injuries and has been medically examined, copy of which has been annexed as Annexure No. 1 to the afÏdavit. Learned counsel for the applicants has further submitted that in the incident, the applicants have also suffered injuries and have been medically examined.

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Learned counsel for the applicant has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, no offence is disclosed against the applicants and the present case has been instituted with a malafide intention for the purpose of harassment, as such, impugned charge sheet be quashed.

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Per contra, learned AGA as well as learned counsel for first informant has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, the charge sheet cannot be quashed.

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From the perusal of the allegations made in the F.I.R and

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the statements of the witnesses recorded under section 161 Cr.P.C., prima facie offence is clearly made out against the applicants.

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At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge sheet is refused.

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However, in case the applicants appear before the court below and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.

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With the aforesaid observations, this application is finally disposed of.

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Order Date :- 2.11.2022 R

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Digitally signed by RAM ASARE MORYA Date: 2022.11.02 17:16:02 IST Reason: Location: High Court of Judicature at Allahabad

Shyam Bihari and 7 Others v. State of U.P. and Another

Case brief

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Shyam Bihari and 7 Others v. State of U.P. and Another

Case brief

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