Dismissed

Krishna Kumar @ Kishan Kumar and 2 Others v. State of U.P. Thru. Secy. of Home Lko. and Another

Allahabad HC25 Apr 2023/4018/2023

Case brief

AI extract

What is this about?

The High Court considered an application under Section 482 Cr.P.C. to quash a charge sheet and summoning order. Relying on settled Supreme Court law regarding abuse of process, the court found no merit in the contention that the prosecution lacked evidence or was malicious, noting that truthfulness is not the sole test for bail or quashing at this stage.

What did the court decide?

Prayer for quashing of proceedings was refused.

Krishna Kumar @ Kishan Kumar and 2 Others Vs… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4018 of 2023

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Applicant :- Krishna Kumar @ Kishan Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Of Home Lko. And Another Counsel for Applicant :- Lalla Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard Sri Lalla Chauhan, learned counsel for the applicants and Sri Alok Saran, learned A.G.A. for the State.

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2. The instant application has been filed by the present applicants for quashing the charge sheet dated 23.12.2022, arising out of Case Crime No.0270/2022, under Sections 452, 323, 506 I.P.C., Police Station Nigoha, District Lucknow as well as summoning order dated 09.03.2023.

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3. Learned counsel for the applicants has submitted that accused/ applicants are innocent, who have been falsely implicated in this case due to some ulterior reason.

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4. His further submission is that the content of the first information report does not disclose any ingredients, which are essential to constitute offence under Sections 452, 323, 506 I.P.C. He has also submitted that even during investigation, no credible evidence could be collected against the present accused/ applicants. Despite, this fact, a charge sheet came to be laid mechanically against the applicants.

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5. Learned counsel for the applicants, on the basis of aforesaid submissions, has submitted that the present proceeding is nothing but an abuse of process of this Court and a malicious prosecution too, which deserves to be quashed.

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6. Per contra, learned A.G.A. for the State has vehemently

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submitted that the law of quashing has been fairly settled in the celebrated judgment rendered by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and R.P. Kapur Vs. State of Punjab AIR 1960 SC 866.

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His further submission is that in view of law laid down by the Hon'ble Supreme Court in Ramveer Upadhyay vs. State of U.P. reported in AIR 2022 SC 2044 and Rathish Babu Unnikrishnan vs. State (NCT of Delhi) reported in 2022 SCC OnLine SC 513 , truthfulness or otherwise of the prosecution version or defence version cannot be looked into at this stage. At such an early stage to rush of this Court for quashing itself is an abuse of process of this Court as the trial has not progressed substantially.

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Thus, in view of aforesaid, learned A.G.A. has submitted that the present applications under Section 482 Cr.P.C. devoid of merit and deserves to be dismissed.

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Having heard the learned counsel for the applicants, learned A.G.A. for the State and upon perusal of record including the first information report and the charge sheet laid against the present applicants, this Court is of considered view that in view of law laid down by the Hon'ble Supreme Court in Bhajan Lal's case (supra), R.P. Kapur's case (supra) , Ramveer Upadhyay's case (supra) and Rathish Babu Unnikrishnan's case (supra), no ground for quashing the instant proceeding exists.

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Accordingly, the prayer for quashing the proceedings under challenge is refused as this Court does not find any illegality, impropriety and incorrectness in the same. There is no abuse of court's process either.

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11. It is needless to mention that if the applicants apply for grant of bail, the learned trial Court shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill vs. Central Bureau of Investigation and others : MANU/SC/1024/2021.

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With the aforesaid observations, the instant application is finally disposed of .

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Order Date :- 25.4.2023 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kumar @ Kishan Kumar and 2 Others v. State of U.P. Thru. Secy. of Home Lko. and Another

Case brief

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Krishna Kumar @ Kishan Kumar and 2 Others v. State of U.P. Thru. Secy. of Home Lko. and Another

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