In an application under Section 482 CrPC, the Allahabad High Court rejected the plea to quash proceedings for assault causing death. The court held that evidence showed the victim died due to injuries sustained in an assault, negating the claim of natural causes.
The application to quash the charge-sheet proceedings was declined and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- APPLICATION U/S 482 No. - 12677 of 2023
Applicant :- Aqil Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rayaz Hasan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Ms. Nargis Khan, learned Counsel for the applicant at length, in support of this application and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing on behalf of the State.
This application has been filed seeking to quash the proceedings of S.T. No. 38 of 2023 (arising out of Case Crime No. 197 of 2022) State v. Aqil Ahmad, under Sections 323, 506 and 304 I.P.C., Police Station - Utraon, District - Prayagraj, pending before the Court of the Additional District Judge, Court No. 16, Allahabad.
The allegation against the applicant is of assaulting the victim, Azad Hussain with sticks ( Lathi-Danda ) and blows on 03-082022, in consequence of which, he passed away on 04.08.2022. The postmortem report shows that the deceased sustained contused swelling of size 7 cm x 4 cm in the right side of the temporal region. Learned Counsel for the applicant has vehemently argued that the panchnama shows that the deceased died at home, on account of natural causes. A perusal of the panchnama indeed shows that it is mentioned by the panch witnesses, that the deceased died due to a long enduring disease and further, that the autopsy is necessary to ascertain the cause of death. The autopsy doctor has verified the injury. There is ample evidence on record, to show that the deceased was assaulted, in consequence of which he sustained a head injury, to which he succumbed. This material
is there in the case diary. In the face of this matter, it is not possible to quash the impugned charge-sheet. The prayer to quash the impugned charge-sheet is, therefore, declined. No case for interference is made out.
This application is, accordingly, dismissed .
Order Date :- 12.4.2023 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
1 issue framed by the court
Whether criminal proceedings for assault and death under Sections 323, 506 and 304 IPC should be quashed on the ground that the victim died of natural causes.
Aqil Ahmad
State of U.P.
Munir
Prashant Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
