Application to quash criminal proceedings under Sections 506 and 304 IPC was rejected. The court held that allegations of unfair investigation and partisan witnesses are disputed defenses and determinable only in trial, not under Section 482 Cr.P.C. Prayers were declined.
Application to quash proceedings stands rejected.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 9302 of 2023
Applicant :- Gaurav Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned Counsel for the applicant and Mr. D.K. Srivastava, learned A.G.A. appearing on behalf of the State.
The applicant has come up with a prayer, seeking to quash proceedings of a case arising out of Case Crime No. 619 of 2021, under Sections 506, 304 I.P.C., Police Station Nai Mandi, District Muzaffarnagar, pending in the Court of the Chief Judicial Magistrate, Muzaffarnagar.
The submission of the learned Counsel for the applicant is that the investigation has not been property and formally conducted and the applicant has been charge-sheeted without any basis. This Court vide order dated 22.03.2023 called for information on affidavit whether any Closed-Circuit Television ('CCTV' for short) footage relating to the incident was recovered. A supplementary affidavit has been filed today, indicating the CCTV footage was indeed recovered and filed before the Trial Court.
Upon hearing learned Counsel for the applicant, this Court finds that it is a case where the applicant has been credited with a role of assault employing sticks (lathi-danda) , in consequence of which, the victim Saksham sustained injuries and later on, succumbed. Whatever submission learned Counsel for the applicant advances about investigation being unfair or the witnesses being partisan, all
constitute disputed defence. This Court, in exercise of our jurisdiction under Section 482 Cr.P.C. cannot go into the merits and determine the said issues, holding virtually a parallel trial.
The prayer to quash the proceedings is, accordingly, declined.
The application, consequently, stands rejected .
Order Date :- 5.4.2023 I. Batabyal
Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. where the applicant claims unfair investigation and partisan witnesses which constitute disputed defenses.
Whether the High Court can go into the merits of the case to determine factual disputes regarding the investigation prima facie.
1 provisions across 1 enactments
Gaurav Saini
J.J. Munir
Ishan Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
