Dismissed

Rumit Kathuria v. State of U.P. and Another

Allahabad HC19 May 2022A482/4136/2022

Case brief

AI extract

What is this about?

This court refused an application to quash criminal proceedings under Section 482 Cr.P.C., holding that disputed factual questions regarding a false FIR could not be adjudicated at this stage. The applicant was permitted to seek discharge at the trial court.

What did the court decide?

Application refused; liberty granted to seek discharge; no coercive action for one month pending discharge application.

Rumit Kathuria Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 4136 of 2022 Applicant :- Rumit Kathuria Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application u/S 482 has been moved with the prayer to quash the entire criminal proceeding including the charge sheet dated 30.09.2018 and the cognizance and summoning order dated 05.02.2019, in Case No. 1324 of 2019 (State of U.P. Vs. Rumit Kathuriya) arising out of Case Crime No. 0638 of 2018, under Sections 323, 354, 452, 504, 506 I.P.C., Police Station Shahganj, Distirct Agra, pending in the Court of learned Additional Chief Judicial Magistrate-IV, Agra.

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It has been argued by the learned counsel for the applicant that the first information report of this case has been lodged by the opposite party no. 2 making false and baseless allegation and in fact there were business relations between the parties. The F.I.R. was lodged by concocting false story just to settle score in the civil dispute. Learned counsel for the applicant submits that alleged incident has been shown of 9.9.2018, whereas the injured person were medically examined on 11.9.2018 and their injuries have been shown fresh, which raises a serious doubt about the authenticity of the prosecution version that complainant and his wife have sustained injuries. Learned counsel for the applicant further submits that the allegations made against the applicant are false and prima facie no case is made out against the applicant. Alternatively, it was submitted that the applicant has already been granted bail in the case and that the instant application may be disposed of granting liberty

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to the applicant to move an application for discharge before the trial court.

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Per contra, learned A.G.A., has opposed the application and argued that allegations made in the FIR make out a prima facie case against the applicant, hence the impugned proceedings are not liable to be quashed.

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The disputed question of facts raised by learned counsel for applicant cannot be considered by this Court in jurisdiction under Section 482 Cr.P.C. The applicant is free to take all such pleas in application for discharge.

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Accordingly, the prayer as sought by applicant is refused.

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However, it is directed that in case, applicant moves an appropriate application for discharge before the trial court within a period of one month from today, the same shall be considered and decided by the trial court expeditiously, preferably within a period of three months thereafter, in accordance with law.

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For a period of one month from today and in case, the application for discharge is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against the applicant in the aforesaid case.

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

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Order Date :- 19.5.2022

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Digitally signed by SALMAN ALI Date: 2022.05.26 10:31:33 IST Reason: Location: High Court of Judicature at Allahabad

Rumit Kathuria v. State of U.P. and Another

Case brief

What is this about?

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Rumit Kathuria v. State of U.P. and Another

Case brief

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