Dismissed

Subhash Dubey and 3 Others v. State of U.P. and Another

Allahabad HC11 Apr 2023A482/8417/2023

Case brief

AI extract

What is this about?

This application seeking to quash criminal proceedings under Section 482 CrPC was dismissed as the existence of a fracture in the injury report precludes examining the disputed defense at this stage; only a life-trail is suitable. The court directed the Magistrate to consider the bail application expeditiously if applicants surrender within ten days.

What did the court decide?

Prayer to quash proceedings declined; bail consideration reserved subject to surrender within ten days.

Subhash Dubey and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 8417 of 2023

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Applicant :- Subhash Dubey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Ehtesham Haider Rizvi,Bhaiya Lal Yadav Counsel for Opposite Party :- G.A.,Kunjesh Kumar Dubey

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Hon'ble J.J. Munir,J.

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Heard learned Counsel for the applicants and Mr. Kunjesh Kumar Dubey, learned Counsel appearing on behalf of opposite party no. 3 and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing on behalf of the State.

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This application has been filed, seeking to quash the entire proceedings of Criminal Case No. 5 of 2023, State v. Subhash Dubey and others (arising out of Case Crime No. 36 of 2022) Police Station Saraimamrej, District Prayagraj, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 7, Allahabad.

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The submission of the learned Counsel for the applicants is that the incident is of 13.02.2022, but the First Information Report was lodged on 09.03.2022, almost a month after the incident and the injury report is one dated 20.04.2022, on the basis of which, the applicant has been charge-sheeted in the present case. It is submitted that the fracture noticed in the injury report two months after the occurrence has absolutely no worth and it does not qualify as material to proceed against the applicant. Therefore, the impugned proceedings ought to be quashed.

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It is pointed out that the present proceedings have been brought as an abuse of process of Court, because relating to the same incident dated 11.02.2022, applicant no. 4 had lodged an F.I.R. on 13.02.2022, giving rise Crime No. 26 of 2022, under Sections 147, 323 I.P.C.. After investigation in the

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said case, the Police have submitted a charge-sheet for offences punishable under Sections 147, 323, 325 I.P.C., Police Station Saraimamrej, District Prayagraj. The said case is pending. The submission is that the present prosecution has been brought in order to browbeat the applicants into withdrawing from prosecution of the case brought by them.

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Learned Counsel for the complainant-opposite party has pointed out that the complainant-opposite party no. 2 has challenged the charge-sheet lodged in the case reported to the Police by the applicant, wherein this Court has declined to quash the proceedings vide order dated 20.01.2023 passed in Application under Section 482 No. 2070 of 2023.

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Be that as it may, here, there are injuries sustained by Lalita Devi, that include a fracture on the distal end of the radius. The injury report is one dated 09.03.2022.

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In view of the injury, it is not possible for this Court to examine the applicants' disputed defence. The worth of the applicants' defence has to be gone into at the trial, where, of course, the prosecution would have to prove their case.

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The prayer to quash the impugned proceedings is, therefore, declined.

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However, in case the applicants surrender and apply for bail within ten days, their prayer shall be considered by the Magistrate expeditiously, in accordance with law.

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The application stands disposed of in terms of the orders aforesaid.

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Order Date :- 11.4.2023 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Subhash Dubey and 3 Others v. State of U.P. and Another

Case brief

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Subhash Dubey and 3 Others v. State of U.P. and Another

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