Dismissed

Rafeeq Ahmad Alias Rafi and 2 Ors. v. State of U.P. and Another

Allahabad HC5 Jul 2023/2923/2013

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the Allahabad High Court refused to quash criminal proceedings against applicants for offences under Sections 323 and 504 IPC. The court noted specific allegations in the FIR and corroborating medical reports of injuries on the victim, rejecting the claim of innocent implication and lack of evidence.

What did the court decide?

The application to quash the criminal proceedings and charge sheet under Sections 323 and 504 IPC was rejected. The applicants are directed to move a discharge application before the trial court.

Rafeeq Ahmad Alias Rafi and 2 Ors. Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43005

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 2923 of 2013

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Applicant :- Rafeeq Ahmad Alias Rafi And 2 Ors. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nadeem Murtaza,Mohd. Azam Siddiqui Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Shree Prakash Singh,J.

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Case called out non present for opposite party no. 2.

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Heard Sri Nadeem Murtaza, learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

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Instant application has been filed with prayer to quash the proceedings of the case No. 3860/ 2010 (State Vs Rafeeq and others), under sections 323, 504 I.P.C. Pending in the court of the Learned Additional Chief Judicial Magistrate, 11, Room No. 26, Lucknow and for quashing of the charge sheet No. 11/2010, arising out of case crime No. 396 /2009, under sections 323, 504 I.P.C submitted against the petitioners by the police of police station Husainganj, District Lucknow and also for the quashing of the summoning order dated 23.12.2010 whereby the petitioners have been summoned as accused under sections 323, 504 I.P.C.

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Learned counsel appearing for the applicants submitted that the factual matrix of the case is that the informant has made allegation that on 20.07.2009 at about 10:30 PM when the informant was sleeping in his room, he was assaulted by the accused persons and as a result he received injuries and the medical examination was also conducted .

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Adding his argument learned counsel for the applicants submits that no such incident has ever taken place and the present applicants are innocent and they have been implicated due to anonymity. He next added that there is no cogent piece of evidence against the applicants at the first hand and there is no fate of trial so far as the allegation made in the first information report is concerned. Thus, submission is that the criminal proceeding against the present applicants arising out of Case Crime No. 396 of 2009 in Case No. 3860 of 2010 (State Vs Rafeeq and others) may be quashed.

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Learned counsel for the State has vehemently opposed the submissions aforesaid and submits that there is specific allegations against the present applicants for committing offence and they are named in the first information report and there are injuries over the body of the injured and there is medical report in support thereof, and thus, the criminal proceeding may not be quashed.

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Considering the submissions of learned counsels for the parties and after perusal of material placed on record, it transpires that the there is specific allegations against the present applicants for committing offence and in support thereof, medical examination was conducted and from the medical report, prima facie, it is evident that there are injuries over the body of the injured thus, prayer of the applicants for quashing of the criminal proceedings is hereby rejected.

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Consequently, the instant application is dismissed.

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However, the present applicants are at liberty to move discharge application before the trial court concerned within a period of thirty days and if, such an applications are filed, the same shall be decided by the trial court concerned within further period of two months.

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Order Date :- 5.7.2023 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rafeeq Ahmad Alias Rafi and 2 Ors. v. State of U.P. and Another

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Rafeeq Ahmad Alias Rafi and 2 Ors. v. State of U.P. and Another

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