The applicant sought quashing of proceedings under Section 506 IPC. The court held that veracity of statements cannot be examined at the quashing stage and refusal to quash was proper. Application disposed of.
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Neutral Citation No. - 2024:AHC:147926
Court No. - 82
Case :- APPLICATION U/S 482 No. - 29497 of 2024
Applicant :- Brijesh Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhinav Prasad 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 the instant application and quash the impugned charge sheet dated 9.9.2022, cognizance and summoning order dated 15.4.2023 passed by Judicial Magistrate, Mau as well as entire proceedings of Criminal Case No. 6687 of 2023 arising out of Case Crime No. 451 of 2022, under Section 506 IPC, Police Station Muhammadabad, District Mau.
It is submitted by learned counsel for the applicants that in this case, applicants are innocent and have falsely been implicated. Further submitted that a case Crime No. 234 under Section 302, 307 IPC was lodged by the opposite party no. 2 Maya Devi for causing murder of her husband against Subhash and Brijesh who were enlarged on bail, thereafter for getting the bail cancelled in the aforesaid case, present F.I.R. was lodged by wife of deceased under Section 506 IPC with false allegation. During the course of investigation, the investigating Officer exonerated co-accused Subhash who was main accused in the previous F.I.R, it shows that the whole allegation in the F.I.R. is false even though the learned trial court took cognizance of the offence on the basis of charge sheet submitted by Investigating Officer, therefore, request to quash the entire proceedings of the case.
Learned A.G.A. opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. perusal of record, the version in the F.I.R., charge sheet, order of cognizance, since the veracity of statements of informant and other witnesses cannot be examined at this stage but
it is possible only during the course of trial, therefore, there appears no ground to grant any indulgence in favour of applicants. As a result prayer for quashing the entire proceedings of the case is hereby refused.
However the applicants may have an option to move for discharge through counsel before the learned court concerned with their submissions at an appropriate stage that will be considered and disposed of according to law on the basis of material on record.
Accordingly, present application is disposed of finally.
Order Date :- 11.9.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the proceedings under Section 506 IPC are liable to be quashed on the grounds of false implication?
1 provisions across 1 enactments
Brijesh Kumar And 2 Others
State Of U.P. And Another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
