Disposed

Suresh and 3 Others v. State of U.P. and Another

Allahabad HC31 Aug 2024A482/26470/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash charge-sheet and cognizance order for offences under Sections 323, 324, 504 IPC, with a parallel complaint case filed by informant's wife over the same incident. Court found prima facie case existed and refused to quash. Directed that any application for consolidation of both cases under Section 210 Cr.P.C. be considered by the trial court.

What the court decided

AI extract

Suresh and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140456

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 26470 of 2024

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Applicant :- Suresh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been filed for quashing of entire proceedings, including charge-sheet dated 24.09.2023 and cognizance/summoning order dated 04.05.2024, of Case No. 1869 of 2024 (State Vs. Suresh and others), arising out of case crime no. 341 of 2023, under Sections 323, 324, 504 IPC, P.S.- Allahganj, District- Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate-2nd, Shahjahanpur.

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It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. Regarding the alleged incident dated 08.09.2023, the informant/opposite party no.2 has lodged first information report on 10.09.2023 and charge-sheet was submitted on 24.09.2023 for offences under Sections 323, 324, 504 IPC. After that, the wife of informant has filed a complaint case regarding the same incident, in which the applicants have been summoned for offences under Sections 452, 323, 324, 504 IPC. Learned counsel submitted that applicants cannot be prosecuted in two proceedings and thus, the impugned proceedings are liable to be quashed.

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Learned A.G.A. has opposed the application and submitted that in view of allegations made in the first information report and material collected during investigation, a prima-facie case is made out against the applicants.

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I have considered the rival submissions and perused the record.

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Perusal of record shows that regarding the incident dated 08.09.2023, the informant has lodged first information report against applicants on 10.09.2023 for offences under Sections 323, 324, 504 IPC, and after the investigation, charge-sheet was submitted against them. After that the alleged complaint case was filed by the wife of informant. The injured persons have sustained several injuries. In view of allegations made in the first information report and material collected during investigation, it cannot be said that no prima-facie case is made out against the applicants and thus, no case for quashing of impugned proceedings is made out. Thus, the prayer as sought above, is hereby refused.

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However, keeping in view the facts of the matter, it is directed that in case applicants move an application before the court concerned for consolidation of complaint case with State case in accordance with provisions of Section 210 Cr.P.C., the same shall be considered and decided by the court concerned in accordance with law.

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The instant application u/s 482 Cr.P.C. is disposed of with above terms.

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Order Date :- 31.8.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Suresh and 3 Others v. State of U.P. and Another

Case brief

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What the court decided

Suresh and 3 Others v. State of U.P. and Another

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