Applicant sought quashing of criminal complaint and summoning order in a case involving alleged injury and robbery arising from a property dispute. The court held that prima facie case was made out and issues required examination by trial court.
Application under Section 482 CrPC dismissed; criminal proceedings against applicant continued.
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Neutral Citation No. - 2024:AHC:198708
Court No. - 75
Case :- APPLICATION U/S 482 No. - 20484 of 2024
Applicant :- Raju Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
under Section 200 Cr.P.C., the complainant has made clear allegations that applicant has stopped him and his sister-in-law in the way and attacked his sisterin-law with knife, resultantly she has sustained injuries and robbed her chain.
Section 202 Cr.P.C. and she clearly stated that she was attacked with knife and her chain was snatched by applicant and his companion. Merely because a civil case was pending between the parties, the impugned proceedings are not liable to be quashed, particularly when the version of complainant is supported by the medical examination report of the injured. The submissions raised by learned counsel for the applicant call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In view of allegations made in the complaint and statement of complainant under Section 200 Cr.P.C. and statement of injured under Section 202 Cr.P.C., it cannot be said that no prima facie case is made out against the applicant. Hence, the present application under Section 482 Cr.P.C. is liable to be dismissed.
9. The instant application u/s 482 Cr.P.C. is hereby dismissed .
Order Date :- 19.12.2024
SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether criminal proceedings including summoning order in property dispute should be quashed under Section 482 CrPC given police final report and medical report.
Whether mere pending civil litigation defeats the accused in quashing criminal proceedings involving injury and robbery allegations.
Whether onus of proving no prima facie case lies on applicant when injury and robbery allegations are supported by statments of complainant.
Colour shows how this judgement treated each authority
State of Haryana and others Vs. Ch. Bhajan LalExplained¶13
AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal · Who else cites this
R. Kalyani vs. Janak C. Mehta and OthersReferred¶13
R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516 · Who else cites this
Rupan Deol Bajaj vs. K.P.S. GillReferred¶13
Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059 · Who else cites this
Rajesh Bajaj vs. State of NCT of DelhiReferred¶13
Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 · Who else cites this
Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd.Referred¶13
Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615 · Who else cites this
5 provisions across 2 enactments
Raju Sharma
State of U.P.
Mohit
Raj Beer Singh
Sandeep Pal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
