Criminal Appeal under section 482 CrPC was dismissed. The applicant alleged false implication but the counsel could not overcome the prosecution's prima facie complicity evidence presented at the charge sheet stage.
Application failed and was dismissed.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 37871 of 2022
Applicant :- Smt. Tasleem And 5 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashish Kumar Gaur, the learned counsel for applicants and the learned A.G.A. for State.
Perused the record.
Challenge in this application under section 482 Cr.P.C. is to the charge sheet dated 24.8.2022, submitted in Case Crime No. 188 of 2020, under sections 147, 148, 149, 307, 452, 336, 323, 504, 506, 427, 188, 269, 270 IPC and 3/4 Pandemic Act and 7 Criminal Law (Amendment) act, 1932, Police Station- Kotwali, District Pilibhit, Cognizance Taking Order/Summoning Order dated 9.12.2020, passed by Chief Judicial Magistrate in Case No. 13552 of 2020 (State Vs. Javed) arising out of aforementioned case crime number.
Learned counsel for applicant submits that applicants are innocent. They have been falsely implicated in aforementioned case crime number. Allegations made in F.I.R. are false and concocted. As such, applicants are being falsely prosecuted in above mentioned case. None of the ingredients of the charging section are satisfied against applicants. Consequently, the entire proceedings of aaforementioned case are liable to be quashed by this Court.
Per contra learned A.G.A. has opposed the present application. He submits that after registration of F.I.R. dated 28.5.2020, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter XII Cr.P.C. On the basis of above and other material collected by him during course of investigation, he came to the conclusion that primafacie complicity of applicants in the crime in question is established. He accordingly, submitted charge sheet dated 24.7.2020. On the above premise, learned A.G.A. submits that at this stage it cannot be said that prosecution story as unfolded in F.I.R. is false or there is no material to support the prosecution of applicants. The issue as to whether offence under the charging sections are made out or not can be more appropriately agitated at the time of framing of charge. As such,
no indulgence be granted by this Court.
When confronted with above, the learned counsel for applicants could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 27.1.2023
Arshad,
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present application under section 482 Cr.P.C. challenging the charge sheet is maintainable and should be dismissed.
Smt. Tasleem And 5 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
