Dismissed

Bitu @ Praval Kumar v. State of U.P. and Another

Allahabad HC8 Jul 2022A482/6337/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a charge-sheet in a sexual offence case, holding that prima facie prosecution case was established and evidence appraisal belongs to the trial court.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed, and the charge-sheet against the applicant remained effective.

Bitu @ Praval Kumar Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 6337 of 2022

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Applicant :- Bitu @ Praval Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajeev Kumar Saxena, the learned counsel for applicant and the learned A.G.A. for State.

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This application u/s 482 Cr.P.C. has been filed challenging charge-sheet dated 14.12.2021 submitted in Case Crime No.171 of 2021, under Sections 323, 504, 354 I.P.C., Police Station Sahayal, District Auraiya, Cognizance Taking Order/Summoning Order dated 10.02.2022 passed by Judicial Magistrate, Auraiya in consequential Criminal Case No.95 of 2022 (State Vs. Subhash Chandra and others), under Sections 323, 504, 354 I.P.C., Police Station Sahayal, District Auraiya.

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Perused the record.

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Record shows that in respect of an incident, which is alleged to have occurred on 27.09.2021 a delayed F.I.R. dated 30.09.2021 was lodged by first informant/Opposite Party No.2 Divya, which was registered as Case Crime No.0171 of 2021, under Sections 354-B, 452, 307, 323, 504 I.P.C., Police Station Sahayal, District Auraiya. In the aforesaid F.I.R., four persons namely; Subhash, Bitu (present applicant), Lalu and Ballu have been nominated as named accused.

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After registration of aforementioned F.I.R., Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter XII Cr.P.C. The injured Divya Tiwari i.e. first informant/Opposite Party No.2 was medically examined and her medico legal report is on record as Annexure No.4 to the affidavit. It is apposite to mention here that aforesaid injured was medically examined pursuant to letter of request for medical examination of injured made by the Police of concerned police station ( Majroobi Chitthi ). Investigating Officer thereafter examined the first informant and other witnesses under Section 161 Cr.P.C., who have supported the prosecution story as unfolded in F.I.R. The statement of prosecutrix was thereafter recorded under Section 164 Cr.P.C., wherein also the prosecutrix has supported the prosecution story as unfolded in F.I.R.

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On the basis of above and other material collected by Investigating Officer, which is substantially adverse to some of the named accused, he came to the conclusion that complicity of three of the named accused is established in the crime in question. He accordingly submitted the charge-sheet dated 14.12.2021 against three of the named accused including applicant, upon which conginzance was taken by court concerned and simultaneously charge-sheeted accused have been summoned.

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Thus, feeling aggrieved with above, applicant who is a chargesheeted accused has now approached this Court by means of present application u/s 482 Cr.P.C.

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Learned counsel for applicant submits that applicant is innocent being falsely implicated in aforementioned case crime number. Allegations made in the F.I.R. are false and concocted. No occurrence, as alleged in F.I.R. took place, as such applicant is falsely prosecuted in aforementioned case crime number.

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Per contra, the learned A.G.A. for State has opposed this application and contends that after registration of abovementioned F.I.R. Investigating Officer during the course of investigation examined the first informant and other witnesses under Section 161 Cr.P.C., who have supported the prosecution story as unfolded in F.I.R. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has also supported the prosecution story as unfolded in F.I.R.

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On the aforesaid premise, he therefore contends that at this stage, it cannot be said that prosecution case is false or there is no material in support of the said prosecution case. Referring to the charge-sheet, learned A.G.A. submits that as many as 12 prosecution witnesses have been nominated in the charge-sheet. He further contends that no case of interference is made out and the present applicant is liable to be dismissed.

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When confronted with above, learned counsel for applicant could not over come the same.

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Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against applicant. All the submissions made at the Bar relate to the disputed defence of the applicant, which cannot be adjudicated upon by this Court in exercise of its jurisdiction under Section 482 Cr.PC. This Court in exercise of its jurisdiction under section 482 Cr.P.C. cannot appraise or appreciate evidence, as such an exercise can be undertaken only

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by trial court. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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In view of above, application fails and is liable to be dismissed and it is accordingly dismissed .

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Order Date :- 8.7.2022 Zafar

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Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.07.18 10:01:39 IST Reason: Location: High Court of Judicature at Allahabad

Bitu @ Praval Kumar v. State of U.P. and Another

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Bitu @ Praval Kumar v. State of U.P. and Another

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