The High Court dismissed an application under Section 482 CrPC seeking quashing of criminal proceedings. The court held that the FIR prima facie disclosed cognizable offences of assault and obstruction against the applicants, making the charge sheet legal.
Application under Section 482 CrPC dismissed as devoid of merit.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 7009 of 2022
Applicant :- Smt. Kiran And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Suresh Kumar Maurya, learned counsel for the applicants, Dr. S.B.Maurya, learned AGA-I for the State and perused the record of the case.
The instant application has been filed on behalf of the applicant for quashing the proceeding of Case No. 372 of 2021 arising out of Case Crime No. 246 of 2020, under Sections 147, 332, 323, 353, 504 and 506 IPC, Police Station Bah, District Agra pending in the court of Judicial Magistrate, Fatehabad, Agra along with other multiple prayers.
Learned counsel for the applicants submitted that applicants have been made accused in the present case by a Police personnel totally on the basis of false and frivolous allegation and in fact applicants never participated in the alleged incident of assaulting and scufÒing and neither they created any obstruction nor they caused any injuries to any one. He further submitted that when some dispute arose at the spot then in the meantime, the Police
OfÏcer (informant) along with other police personnel arrived and unnecessary without any reason arrested the applicants and the alleged FIR of the present case has been lodged by him and without any proper investigation, charge sheet has been submitted against applicants therefore, the impugned proceeding pending against the applicants are bad.
Per contra, learned AGA submitted that there is specific allegation against applicants in the FIR that they not only created obstruction but they also made assault and due to the assault informant, who is Police OfÏcer, sustained injuries and his injury report is also on record and applicants were arrested from the spot, therefore, the prosecution case cannot be doubted at this stage.
Learned AGA further submitted that from perusal of the FIR and the other documents on record, prima facie cognizable offences disclose against applicants, therefore, there is no illegality in the impugned charge sheet filed against them.
I have heard learned counsel for the parties and perused the record of the case.
FIR of the present case shows that when the Police OfÏcer, i.e., the complainant of the
present case arrived at the spot then he found that applicants were assaulting and abusing each other and they created obstruction on the public way and they also assaulted the informant through wooden sticks and due to their assault he also sustained injuries. Therefore, from the perusal of the FIR prima facie cognizable offence is made out against applicants and, therefore, I find no illegality in the charge sheet submitted against them.
Accordingly, the present application is devoid of merit and is hereby dismissed.
Order Date :- 19.7.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.07.26 10:55:11 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the criminal proceeding under Section 482 CrPC given the accuseds were arrested on the spot for alleged assault on a Police Officer.
Smt. Kiran and 3 Others
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
