Application under Section 482 Cr.P.C. to quash criminal proceedings and cognizance order in a case involving hurt and sexual harassment allegations. The Court dismissed the application, holding that sufficient evidence existed for cognizance and witness reliability must be tested at trial.
Application dismissed; proceedings not quashed.
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Neutral Citation No. - 2024:AHC:119722
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22745 of 2024
Applicant :- Shyam Baran And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Gulam Husain,Qaisar Kamal Ansari
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State through video conferencing.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the entire proceeding of Criminal Case No.101118 of 2023 (State vs. Shyam Baran and others), Charge Sheet dated 23.03.2023 arising out of Case Crime No.61 of 2023, under Sections 325, 323, 504, 354A I.P.C., Police Station Bhelupur, District Varanasi as well as cognizance/summoning order dated 01.09.2023 pending in the court of Additional Chief Judicial Magistrate-3, Varanasi.
It is submitted that in this case applicants lodged an F.I.R. against the informant as Crime No.41/2023, under Sections 289, 323, 506 I.P.C. on 03.02.2023 with allegation that there was quarrel relating to dog biting in which informant side abused, threatened and also made assault on them while causing injuries. Thereafter, in counter-blast the present F.I.R. was lodged by the informant against the applicants. Further submitted that the applicants did not cause any injury to the informant side but with false allegations the present F.I.R. was lodged by manipulating the injury report. Further submitted that the I.O. without collecting the proper evidence filed the charge sheet and on the basis of which cognizance was taken by the learned Magistrate without applying his judicial mind. Therefore, request to quash the entire proceedings of criminal case as well as charge-sheet and order of taking cognizance dated 01.09.2023.
Learned A.G.A. opposed the prayer for quashing the same and urged that in this case the applicants made assault on the informant causing injuries on her person and also molested her. She was medically examined and 7 injuries were found on her person out of
which there was a fracture also. The statement of the victim/injured was also recorded before learned Magistrate u/s 164 Cr.P.C. in which she supported her allegation as made in F.I.R. Other witnesses also supported the prosecution version and learned Magistrate took cognizance of the offence on the basis of material collected during investigation by the I.O. In this way, this case cannot be said to be counter blast of the case got registered by the applicants against the informant. At this stage, the statement of the witnesses cannot be said to be false but this can only be decided during the course of trial. Further contended that applicants may have an option to move application for discharge before the learned court concerned at appropriate stage. Therefore, there is no illegality in the order but this application being devoid of merit is liable to be dismissed.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record, it appears that during investigation sufficient evidence was collected by the I.O. and charge sheet was submitted. On the basis of material on record learned court concerned took cognizance of the offences by applying its judicial mind. There is no illegality and impropriety in the impugned order. The reliability of statement of witnesses can only be tested during trial but not at this stage before this Court. Further applicants may have an option to move for discharge before the court concerned with their submissions and the same shall be decided by it, in accordance with law. Hence, there appears no any other ground for granting indulgence in favour of the applicants.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.7.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal proceedings and cognizance order are liable to be quashed at the pre-framing of charges stage?
3 provisions across 2 enactments
Shyam Baran And 2 Others
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
