Dismissed

Ranjeet and Another v. State of U.P. and Another

Allahabad HC18 Apr 2023A482/10824/2023

Case brief

AI extract

What is this about?

In an application to quash criminal proceedings, the court held that in a free-fight where injuries exist on both sides, it is difficult to determine aggressors at this stage. The application to quash was declined, but bail was offered if applicants surrendered.

What did the court decide?

Prayer to quash proceedings declined; applicants advised to surrender for bail consideration.

Ranjeet and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 10824 of 2023

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Applicant :- Ranjeet And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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The applicants have come up, seeking to quash the entire proceedings of Case No. 7511 of 2022, State v. Sabhajeet (arising out of Case Crime No. 194 of 2020), under Sections 452, 324, 323, 504 I.P.C., Police Station Kurara, District Hamirpur, pending in the Court of the Chief Judicial Magistrate, Hamirpur.

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The case of the applicants is that relating to the same incident dated 17.08.2020, two F.I.Rs. have been lodged. The F.I.R. giving rise to the crime against the applicants was registered on 24.08.2020, where, injuries have been sustained by one Ravi. A perusal of the injury report shows that Ravi has sustained an incised wound on the right side of head 4 cm. x 5 cm. x scalp deep margin clear cut about 8 cm. behind the right ear pinna. The injury has been advised to be kept under observation and also to be examined by x-ray.

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Learned Counsel for the applicants submits that the F.I.R. at the applicants' instance was also lodged on 24.08.2020, giving rise to Crime No. 193 of 2020, also at Police Station Kurara. It is argued that the applicants' F.I.R. was registered for offences punishable under Sections 308, 324, 323, 504, 506, 452 I.P.C. The injuries on the applicants' side were sustained by Ranjeet and Sabhajeet. The injury reports relating to the two victims have been produced before the Court by the learned Counsel for the applicants, which

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are taken on record. The injury sustained by Sabhajeet shows that he has suffered a total of four injuries - a contused swelling on the back of the chest, a crush injury on the back of the left ring finger, an abrasion and a lacerated wound. Injury No. 2 has been referred for x-ray examination. Ranjeet has sustained an incised wound on the left side top of head 4 cm. x 0.5 cm. x scalp deep about 10 c.m. above from the left ear pinna. This injury has been kept under observation. In addition, he has also sustained a contused swelling on the left leg lateral side. This injury too has been advised for an x-ray examination. The submission is that the injuries on the applicants' side are more severe and that is why a case under Section 308 of the Penal Code has been registered against opposite party no. 2.

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Looking to the nature of the allegations, it appears to be a case of free-fight, where, is difficult, at this stage, to judge which side were the aggressors. This issue has to be examined at the trial. It cannot be determined in these proceedings for quashing under Section 482 Cr.P.C.

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In view of above, no case for interference with the impugned proceedings is made out. Accordingly, the prayer to quash the entire proceedings in the aforesaid case is declined .

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However, in case the applicants surrender before the Court below within ten days and apply for bail, their prayer for bail shall be considered and decided expeditiously, in accordance with law.

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This application, is, accordingly, disposed of .

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Order Date :- 18.4.2023 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Ranjeet and Another v. State of U.P. and Another

Case brief

What is this about?

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Ranjeet and Another v. State of U.P. and Another

Case brief

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