Court declined quashing of proceedings under Section 482 Cr.P.C. in a case alleging attempted murder. Held that prima facie case exists; reliability of witnesses must be tested at trial.
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Neutral Citation No. - 2024:AHC:128793
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22126 of 2024
Applicant :- Arun Kumar Alias Arun Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kesh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceeding of Case No. 298 of 2021 (State Versus Anil Kumar) arising out of Case Crime No. 390 of 2020, under Sections 452, 323, 504, 506, 336, 307 I.P.C., Police StationHolagarh, District Prayagraj/Allahabad as well as charge sheet dated 22.02.2021 and cognizance/summoning order dated 02.04.2021, pending in the court of Judicial Magistrate, 3rd Allahabad.
It is submitted by learned counsel for the applicant that in this case the applicant is innocent and has been falsely implicated by the informant with allegation that he made fire with a country made pistol, but no any injury was caused to anyone. It is also submitted that other accused persons were also named in the present case with allegation that they also committed maarpeet with informant side with brick and iron rod. The statement of the independent witnesses were recorded by I.O. during the course of investigation, in which they stated that no fire was made by the applicant even though charge sheet was filed under Section 307 I.P.C. against the applicant and other accused persons. Learned trial court also took cognizance of the offence on the basis of material collected during the course of investigation without applying its judicial mind and summoned them. Since there was no any fire arm injury to any injured, therefore, offence under Section 307 I.P.C. cannot be said to be made out. Therefore, it is requested that entire proceeding of the case with charge sheet and order of summoning be quashed.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions
made by learned counsel for the applicant as well as learned A.G.A., perusal of record, statement of informant, injured witnesses and other independent witnesses Shiv Bahadur and Rajesh Kumar Yadav, it appears that the present applicant is said to have a country made pistol at the time of alleged incident with which he made fire on Rambabu Yadav (complainant), but he escaped. Bhullar Prasad and Ram Pyari sustained injuries in that incident. I.O. collected the material during the course of investigation and also on the basis of statement of the witnesses, a prima facie case was found to be made out that was the reason charge sheet was submitted before the learned trial court and the learned trial court took cognizance of the offence on the basis of material collected during the course of investigation. The reliability of statement of witnesses and informant can only be tested during trial, but not at this stage before this Court. In the statement of independent witnesses also the applicant is said to have a country made pistol and made fire at informant, but no any injury was caused to him, in this way also prima facie case under Section 307 I.P.C. is made out and no indulgence can be granted in favour of the applicant, so prayer for quashing the entire proceedings of the case is hereby refused.
As submitted by learned counsel for the applicant, in case the applicant appears and moves bail application before the learned court concerned within a period of 30 days from today, it shall be heard and decided, as expeditiously as possible, in accordance with law.
In the meantime, no coercive action shall be taken against the applicant.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 8.8.2024 Sunil Kr. Gupta
Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the proceedings under Sections 452, 323, 504, 506, 336, 307 IPC should be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
N/AReferred
1 provisions across 1 enactments
Arun Kumar
State of U.P.
Subhash Chandra Sharma
Sunil Kr. Gupta
As recorded by the court registry
2 orders share this CNR
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