Application under Section 482 Cr.P.C. to quash charge sheet and cognizance order dismissed as misconceived. Incident admitted due to reciprocal FIRs; no abuse of process found.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 3299 of 2023
Applicant :- Nadeem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A.,Avnish Kumar Srivastava
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rajiv Kumar Mishra, learned counsel for the applicants and Mr. K.P. Pathak, learned AGA for the State.
The present Application u/s 482 has been preferred to quash the charge sheet dated 19.10.2021 as well as the impugned cognizance order dated 24.08.2022 passed by Judicial Magistrate, Court No.03, Meerut arising out of F.I.R. dated 4.08.2021 having Case No.13706/2022 out of Case Crime No.261 of 2021, under Sections 147, 148, 149, 336, 323, 325, 506, 308 IPC, Police Station-Daurala, District-Meerut.
Learned counsel for the applicants submits that for the incident dated 12.08.2021, an FIR has been lodged by the father of applicant against cousin of opposite party no.2 and his family members on 13.08.2021 wherein after investigation charge sheet has been submitted on 16.11.2022, whereas for the same incident, an FIR has also been lodged by the opposite party no.2 against the applicants on 14.08.2021 in which charge sheet has been submitted against the applicants on 18.10.2021. Subsequently, on the application of Investigating Officer dated 02.09.2022 requesting for further investigation for adding Section 307 IPC on certain evidence collected, the Investigating Officer has proceeded to make a G.D. Entry No.60 dated 09.10.2022, therefore, the further proceedings are nothing but abuse of process of law and the same may be quashed by this Court.
On the other hand, learned AGA for the State submits that the concerned court has not taken cognizance in such section 307 IPC. In the present proceedings, by order dated 24.08.2022, the cognizance has been taken only under sections 147, 148, 149, 336, 323, 325, 506, 308 IPC, therefore, this application is misconceived and is liable to be dismissed.
In view of the aforesaid facts and circumstances of the case,
there is no good ground to entertain this application as the same is misconceived. Even otherwise, the incident is admitted as for the same incident, both the parties have lodged FIRs against each other, therefore, the factum of incident cannot be disputed.
Accordingly, the present application U/s 482 Cr.P.C. is dismissed .
Order Date :- 26.4.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application to quash the charge sheet and cognizance order amounts to abuse of process of law given reciprocal FIRs for the same incident.
1 provisions across 1 enactments
Nadeem And Another
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
