The High Court refused the prayer to quash a charge sheet and summoning order under Section 482 CrPC. The court found no grounds to interfere at this stage, noting that the allegations require trial for determination. The applicants were advised to file an application for discharge before the trial court.
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Neutral Citation No. - 2024:AHC:124998
Court No. - 82
Case :- APPLICATION U/S 482 No. - 23877 of 2024
Applicant :- Yashoda Devi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
As the request of learned counsel for the applicants, he is permitted to delete the name of opposite party no.2, during the course of the day.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondents.
This application under Section 482 Cr. P.C. has been filed by applicants with the prayer to quash the charge sheet dated 24.11.2023 as well as summoning order dated 17.01.2024 submitted against the applicants in Case Crime No. 644 of 2023, under Sections 147, 148, 504, 352, 186, 353 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar and entire criminal proceeding of Criminal Case No. 1765 of 2024 (State of U.P. Versus Ram Kishor Awsthi and others), under Sections 147, 148, 504, 352, 186, 353 I.P.C., Police Station Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
It is submitted by the learned counsel for the applicants that in this case, applicant no.1 is wife of Naveen Kumar and applicant nos. 2 to 4 are her daughters. Applicant no.5 is member of the School in dispute and applicant no.6 is journalist, who is handicapped. It is further submitted that an FIR was lodged by Sub-Inspector of Police Station concerned against the applicants with false allegations that they made interference in discharge of their public duties, where they went to seal Harsh Public School with employees of the Bank Kaipri Global Capital Limited. As per allegations made in the first information report, this school was sealed on 27.05.2023 in pursuance to the order dated 11.11.2022 passed by the court concerned, but the seal was broken by the applicants and possession was taken. It is further submitted that present incident is said to have taken place on 08.08.2023. It is
also submitted that on 08.08.2023, there was an order passed by D.R.T.,Lucknow, by which the parties were directed to maintain status-quo regarding the property in dispute. Knowing about the order, the bank employees in collaboration with police official went to the spot and tried to take possession of the school, and at that time the applicants resisted in taking possession by force that was the reason, they have been arrested by the police and brought to the police station and present case was registered against them. After investigation, charge sheet was also filed against the applicants without sufficient material, and learned trial court also took cognizance of the offence without applying its judicial mind and without considering the material collected during the course of investigation, therefore, request to quash the summoning order dated 17.01.2024.
Learned A.G.A. opposed the prayer as aforesaid and contended that Harsh Public School was already sealed by the employees of the Bank Kaipri Global Capital Limited in pursuance to the order passed by the learned court and seal was broken by the husband of applicant no.1 to take possession of the school, regarding which Case Crime No. 623 of 2023, under Sections 141, 447,120 I.P.C.was got registered by the Bank Kaipri Global Capital Limited and he was also booked under Sections 151/107/116 Cr. P.C. for making breach of peace. On 08.08.2023 in pursuance to the order passed by the Court, bearing Order No. 468/CRASARFAESI/2022/2023 dated 11.11.2022, Sub-Inspector with police force went on the spot where the applicants made interruption in discharge of their public duties and also snatched copy of the order and torn it and also started abusing while equipped with Farsa and Stick. The applicant nos. 2 and 3 also made an attempt to commit suicide by going on roof, as a result with the help of lady Sub-Inspector, they were arrested and present case was registered against them. It is also contended that since interference on the part of the applicants was made, it cannot be said that at this stage the allegations as mentioned in the first information report and the statement of the witnesses as recorded during the course of the investigation are false or unreliable, but it can only be decided during the course of the trial.
On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties as well as learned A.G.A., perusal of record, allegation in the first information report, material collected during the course of investigation and order passed by the learned court taking cognizance, there appears no ground to quash the entire
proceedings of the case including the charge sheet and order of cognizance, therefore, no such indulgence can be granted to the applicants and the prayer for quashing the entire proceeding including the charge sheet is hereby refused . However, applicants may have an option to file an application for discharge before the learned trial court, which shall be heard and decided in accordance with law on the basis of material available on record.
With the aforesaid observation, the present application under Section 482 Cr. P.C. is disposed of finally
Order Date :- 2.8.2024
T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge sheet and summoning order require quashing on the basis of false allegations and lack of material evidence?
1 provisions across 1 enactments
Yashoda Devi
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
