Disposed

Nazir Alias Mohd Nazir and 3 Others v. State of U.P. and Another

Allahabad HC7 Aug 2024A482/22367/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash charge-sheet and summoning order in a criminal case. The Court directed the State to file status of a related complaint and medical reports, stayed the trial proceedings till next listing, and listed the matter for further consideration.

What did the court decide?

Trial proceedings stayed till next date of listing.

Nazir Alias Mohd Nazir and 3 Others vs State of U.P. and… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 22367 of 2024 Applicant :- Nazir Alias Mohd Nazir And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

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The instant application has been preferred with the prayer to quash the charge-sheet no. 122 of 2023, dated 05.05.2023 as well as summoning order dated 24.11.2023, passed by the learned Judicial Magistrate, Thakurdwara, Moradabad as well as entire proceedings of Case No. 4485 of 2023, titled as State v. Nazir and others, under Sections 147, 148, 337, 353, 323, 504, 506 IPC and Section 7 of Criminal Law Amendment, arising out of Case Crime No. 325 of 2022, P.S. Bhojpur, District Moradabad.

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Learned counsel for the applicants states that the applicants had filed a complaint dated 08.09.2022 against one Murtaza s/o Muzaffar Hussain and Gajram Bahelia s/o Karan Singh for installing and using hooter creating fear amongst the villagers. It's also revealed that said Murtaza and Gajram are involved in offences of cow slaughter, gambling, illegal mining and land grabing at behest of S.H.O. Suneel Kumar, P.S. Bhojpur and when the complainant raised the issue with the SHO Suneel Kumar, he in fact threatened him to falsely implicate in a false case. Thereafter feeling aggrieved by the complaint dated 08.09.2022, Murtaza and Mustafa assaulted the applicant with iron rod and sharp edged weapons with the intention to kill him. The applicants received serious injuries, which is reflected from medical

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examination report dated 21.09.2022, the complaint is forming part at page 84 of the application. On the very next day, the applicants were falsely implicated by the S.H.O. Bhojpur and the impugned FIR was registered against him. The applicant's counsel states that as the S.H.O. himself working hand-in-glove with the complainant, therefore, the investigation against the applicants was not conducted fairly, and fabricated evidence was collected against them. The entire investigation is vitiated under law and malicious prosecution has been initiated against the applicants with the ulterior motive to wreaking vengeance against the applicants.

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Learned A.G.A. is directed to file status of the complaint dated 08.09.2022, lodged by the applicants against one Murtaza, Mustafa and other persons who have assaulted the applicants, and medical report of the injuries. The response shall be filed by way of an affidavit. The applicants are also at liberty to submit all the incriminating evidence which are in their possession to facilitate the police to come to a logical conclusion.

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A copy of this order be sent to S.H.O. concerned through S.S.P. Moradabad.

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Till next date of listing, the trial court proceedings of Case No. 4485 of 2023, titled as State v. Nazir and others, under Sections 147, 148, 337, 353, 323, 504, 506 IPC and Section 7 of Criminal Law Amendment, P.S. Bhojpur, District Moradabad, shall remain stayed.

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Put up on 16.09.2024 as fresh.

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Order Date :- 7.8.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Nazir Alias Mohd Nazir and 3 Others v. State of U.P. and Another

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Nazir Alias Mohd Nazir and 3 Others v. State of U.P. and Another

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