Application under Section 482 Cr.P.C. to quash proceedings in a fracas case involving mutual injuries was dismissed as the contention was denied. Application disposed.
Prayer to quash impugned charge-sheet and proceedings declined.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 12861 of 2023
Applicant :- Sher Mohammad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.,K.C. Mishra
Hon'ble J.J. Munir,J.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings in Case No. 5151 of 2022, State vs. Sher Mohammad and others, (arising out of Case Crime No. 186 of 2021) under Sections 323, 504, 506, 452, 325, 147, 308 IPC, P.S. Saini, District Kaushambi, pending in the Court of Chief Judicial Magistrate, Kaushambi.
Upon hearing learned counsel for the applicants this Court finds that there are cross cases on both sides regarding incidents closely connected where both sides have sustained injuries. Learned counsel for the applicants submits that the applicants' prosecution based on a subsequent FIR relating to a subsequent incident dated 07.06.2021 is mala-fide and one brought in order to exert oblique pressure.
Looking to the nature of the injuries sustained by the other side where two persons Mohammad Doud and Sharif Hussain have been injured, it is difficult for this Court to examine the contention raised by the applicants that would be fall into the forbidden territory of judging a disputed defence. No case for quashing the impugned charge-sheet is made out.
The prayer to quash the impugned charge-sheet and the impugned proceedings is therefore declined. However, in case, the applicants surrender and apply for bail within 15 days, their bail application shall be heard and decided by both the Courts below expeditiously in accordance with law.
Accordingly, this application is disposed of.
Order Date :- 27.4.2023 Vijay
Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned charge-sheet and criminal proceedings in the fracas case should be quashed on the ground that the prosecution case is mala-fide.
1 provisions across 1 enactments
Sher Mohammad and 4 Others
Munir J
Vijay Kumar Sahu J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
