Single judge application under Section 482 Cr.P.C. to quash charge sheet and cognizance order. Court found sufficient material for prima facie case and dismissed the application, directing bail hearing if sought within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:119759
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22767 of 2024
Applicant :- Ramveer And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Veer 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 and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the charge sheet dated 31.07.2018 upon which the cognizance order dated 16.03.2019 was passed by Additional Chief Judicial Magistrate-I, Mathura in Case No.3297/IX of 2019 (State vs. Ramvir & others) arising out of Case Crime No.286 of 2018, under Sections 353, 332, 504, 147, 149 I.P.C., Police Station Raya, District Mathura.
It is submitted by learned counsel for the applicants that in this case they are innocent and were falsely implicated in the case. During the course of investigation no proper evidence was collected by the I.O. but charge sheet was filed and the learned trial court also took cognizance of the offence without applying its judicial mind, therefore, request to quash the entire proceeding of the case including charge sheet as well as the order of cognizance passed by the learned court.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case during the course of investigation sufficient material was collected by the I.O. and then charge sheet was filed. The learned trial court considered the material on record and passed the order of cognizance by applying its judicial mind. The veracity of the statement of witnesses cannot be tested at this stage but it is possible only during trial. Further the applicants may have an option to file application for discharge before the learned court concerned which shall be decided on the basis of material on record.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of the
record, it appears that sufficient material was collected during investigation and prima facie case was found to be made out against the applicants that was the reason cognizance of the offence was taken by the court concerned. Therefore, there appears no ground to grant any indulgence in favour of the applicants.
However, as per the submission made by learned counsel for the applicants, in case applicants appear and move bail application before the court concerned within a period of 30 days , the same shall be heard and decided in light of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022.
Accordingly, this application is disposed of finally.
Order Date :- 26.7.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577Referred¶12
Ramveer And 11 Others
State of U.P.
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
