Held that proceedings cannot be quashed at this stage due to a cross version of events involving allegations of assault and injury, as a mini-trial is not possible and the FIR discloses a prima facie cognizable offence.
The application to quash the charge-sheet and summoning order is dismissed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 7683 of 2022
Applicant :- Gangadhar Pandey And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Devashees Tripathi, Advocate holding brief of Sri Awadhesh Kumar Mishra, learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.
By way of present application, applicants made prayer to quash the charge-sheet dated 28.01.2021 as well as summoning order dated 01.10.2021 passed by Chief Judicial Magistrate, Bhadohi Gyanpur in Criminal Case No. 6711 of 2021 arising out of Case Crime No. 07 of 2021, under Sections 323, 504, 506 IPC, Police Station Gopiganj, District S.R.N. Bhadohi.
Learned counsel for the applicants submitted that totally on false and frivolous allegation, applicants made accused in the present case and even from the side of applicants earlier an FIR was lodged against opposite party no.2 and others and applicant's side also sustained injury and after two hours only with intention to save the skin, opposite party no.2 lodged FIR of the present case. He further submitted that although there is specific allegation of assault and causing injury to one Krishna Kumar Pandey, but his injury report shows that he sustained minor injuries and from the perusal of the FIR lodged by the applicants side and the FIR of the present case, it appears that opposite party no.2 and his associates were aggressor, therefore, charge-sheet filed against the applicants is bad.
Per contra, learned AGA submitted that there is specific allegation against the applicants that they assaulted and caused injuries to Krishna Kumar Pandey, uncle of opposite party no.2 and injury report of Krishna Kumar Pandey is also on record, therefore, it cannot be said that allegation of assault made against the applicants is false and further on the basis of cross version, proceedings against the applicants cannot be quashed.
I have heard both the parties and perused the record of the case. The FIR of the present case shows that there is specific allegation against the applicants that they assaulted through wooden stick and abused the opposite party no.2 and his uncle
Krishna Kumar Pandey and in the incident, Krishna Kumar Pandey sustained injuries and his injury report is also on record and at this stage it cannot be decided, who was the aggressor as mini trial is not possible at this stage and further on the ground of cross version, proceedings pending against the applicants cannot be quashed. As, prima facie cognizable offence against the applicants is made out from the perusal of the FIR as well as from the statements recorded under Section 161 Cr.P.C. and other documents on record, therefore, in my considered view no indulgence is required at this stage.
Accordingly, the present application is dismissed .
Order Date :- 4.7.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.07.05 12:48:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the quashing of the charge-sheet and summoning order in a criminal case arising from a dispute where there is a cross version of events is indicated at this stage.
Gangadhar Pandey And 3 Others
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
