Application under Section 482 to quash FIR and cognizance order in a case involving assault and criminal intimidation. The Court declined to interfere at the early stage, noting that witness veracity can be tested during trial and applicants have the option to seek discharge. Application dismissed.
Application for quashing dismissed.
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Neutral Citation No. - 2024:AHC:139517
Court No. - 82
Case :- APPLICATION U/S 482 No. - 25311 of 2024
Applicant :- Sachin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application has been filed by the applicants with prayer to allow this application and quash the impugned cognizance and summoning order dated 16.7.2022 passed by the learned court of Chief Judicial Magistrate, Bijnor in Criminal Case NO. 20018 of 2022 arising out of Case Crime No. 62 of 2022, under sections 323, 336, 504, 506 IPC, Police Station Dhampur, District Bijnor.
It is submitted by the learned counsel for the applicants that in this case, an F.I.R. was lodged on 16.2.2022 by the applicants against opposite party no. 2 in which the informant side sustained injuries. In retaliation on 28.2.2022 present F.I.R. was lodged for making pressure on the applicants to withdraw from the prosecution. The allegations made in the F.I.R. are totally false and no any injury was caused to the opposite party no. 2 or to any other persons. Likewise, the witnesses said to be present on the spot were named as accused persons in the previous F.I.R. which was lodged by the applicants against the opposite party no. 2 which shows that the opposite party is making misuse of process of law, therefore, request to quash the entire proceedings of the case, including charge sheet as well as order of cognizance passed by the learned court.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, there is allegation against the applicants for pelting stones and causing injuries to the opposite party on 16.2.2022 at the procession on the occasion of Ravidas Jayanti and again on 27.2.2022 the applicants abused the opposite party and also beat them on which F.I.R. was lodged on 28.2.2022. The presence of witness those are mentioned in the previous F.I.R.
cannot be said to be suspicious at this stage. The veracity of the statement of witnesses cannot be tested but it is possible during the course of trial. Further contended that applicants have an option to move discharge before the learned court with their prayer at appropriate stage. Hence this application being devoid of merit is liable to be dismissed.
On considering the facts and circumstances of the case, submissions made by the learned counsel for the applicants as well as learned A.G.A., perusal of record, contents in F.I.R., statement of witnesses, charge sheet and order of cognizance passed by learned court concerned, there appears no ground to grant indulgence in favour of applicants, therefore, prayer for quashing the entire proceedings of the case is hereby refused.
However the applicants may have an option to move for discharge before the learned court concerned with their submissions that will be heard and disposed of according to law on the basis of material collected during the course of investigation.
Accordingly, present application is disposed of finally.
Order Date :- 30.8.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the proceedings constitute a misuse of process of law warranting quashing under Section 482?
5 provisions across 2 enactments
Sachin And Another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
