The Allahabad High Court in this Section 482 Cr.P.C. application dismissed the applicant's plea to quash criminal proceedings. The court held that the prosecution witnesses supported the FIR and prima facie complicity was established by the Investigating Officer.
The application under Section 482 Cr.P.C. to quash criminal proceedings was 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. - 66
Case :- APPLICATION U/S 482 No. - 39124 of 2022
Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Kumar Pandey,Abhijeet Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Abhijeet Singh, the learned counsel for applicant and the learned A.G.A. for State.
Challenge in this application under Section 482 Cr.P.C. is to the charge sheet dated 11.09.2022 submitted in Case Crime No. 323 of 2022, under Sections 376, 366, 342, 504, 506 IPC, P.S. Parshurampur, District Basti, the Cognizance Taking Order dated 27.09.2022 passed by Judicial Magistrate-IInd, Basti upon aforesaid charge sheet as well as the entire proceedings of consequential criminal case, now pending in the Court of Judicial Magistrate-IInd, Basti.
Learned counsel for applicant submits that applicant is innocent. He has been falsely implicated in aforementioned case crime number. Allegations made in the F.I.R. are false and concocted. As such, applicant has been falsely implicated in above mentioned criminal case. Even otherwise, prosecutrix is major. She is a consenting party. As such, no offence under Section 376 IPC is made out against applicant. On the above premise, he submits that present criminal proceedings instituted against applicant are not only malicious but also an abuse of process of Court and therefore liable to be quashed by this Court.
Per contra, the learned A.G.A. has opposed this application. He submits that after lodging of F.I.R. dated 01.08.2022, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter XII Cr. P. C. He examined the first informant, prosecutrix and other witnesses under Section 161 Cr. P. C. Witnesses so examined by Investigating Officer have supported the F.I.R. On the basis of above and other material collected by him during the course of investigation, he came to the conclusion that prima facie complicity of applicant is established in the crime in question. He, accordingly, submitted the charge sheet dated 11.09.2022. In the charge sheet so submitted as many as 9 prosecution witnesses have been nominated. Learned A.G.A., therefore,
submits that it cannot be said at this stage that prosecution story as unfolded in the F.I.R. is false or there is no material to support the F.I.R. Learned A.G.A,. further submits that applicant has not disclosed his marital status. The Court below which has taken cognizance upon the charge sheet so submitted does not lack the jurisdiction to try the case. As such, no illegality can be attached to the order impugned.
When confronted with above, the learned counsel for applicant could not overcome the same.
As a result, present application fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 28.1.2023 HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the criminal proceedings instituted against the applicant should be quashed under Section 482 Cr.P.C.
Whether the charge sheet submitted by the Investigating Officer is false and the prima facie complicity is established.
Whether the Court below lacked jurisdiction to take cognizance of the criminal case.
1 provisions across 1 enactments
Vijay Kumar
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
