Dismissed

Lalmani Patel Alias Lalmani Verma and 6 Others v. State of U.P. and Another

Allahabad HC11 Sept 2024A482/29508/2024

Case brief

AI extract

What is this about?

An application under Section 482 CrPC was filed to quash criminal proceedings initiated under various IPC provisions. The court found no ground to grant indulgence for quashing the case and refused the prayer, though applicants retain the option to move for discharge.

What did the court decide?

The prayer for quashing the charge-sheet and criminal proceedings is refused.

Lalmani Patel Alias Lalmani Verma and 6 Others… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:147979

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 29508 of 2024

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Applicant :- Lalmani Patel Alias Lalmani Verma And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Upadhyay,Husnaara Khatoon,Rizawana Khatoon Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Learned counsel for the applicants is permitted to correct the name of applicant during the course of the day.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application has been filed by the applicants with prayer to quash the charge sheet no. 13 of 2024 in Case No. 89 of 2024 arising out of Case Crime No. 303 of 2023, under Sections 147, 323, 504, 506, 336, 452, 120-B IPC, Police Station Machhali Shahar, District Jaunpur.

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It is submitted by learned counsel for the applicants that in this case, applicant no. 1 is husband of gram pradhan and other applicants are related to applicant no.1. There was dispute between the informant and applicants relating to making kharanja amidst the trees said to be planted by the opposite party no. 2 on the gram sabha land. The allegations for marpeet with lathi danda and bricks is totally false. No such incident took place between the parties on 25.11.2023 at 11.00 p.m. in the night. Further submitted that applicant no. 1 also works as home guard in the police station concerned and at that time he was on gast with Sub-inspector of said police station, therefore, applicant no. 1 cannot be said to be present on the place of incident. The investigating officer did not consider these facts but filed charge sheet against the applicants including the applicant no. 1. Learned trial court also took cognizance of the offence without applying its judicial mind, therefore, request to quash the entire proceedings of the case.

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Learned A.G.A. opposed the prayer as aforesaid and contended that there is allegation against all the applicants for causing injuries to the informant side and injuries were also examined by

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the doctor after incident took place. So far as the G.D. entry is concerned since the applicant no. 1 is home guard that was reason he managed entry in G.D. and incident was caused in the meantime. The investigating Officer who was also posted in the same police station investigated the case and collected the material and found the complicity of the applicant no. 1 in the present case that was the reason charge sheet was filed and the learned trial court also took cognizance of the offence. At this stage the veracity of contents of F.I.R. and statements of witnesses cannot be examined but it is possible during the course of trial. Further contended that applicants have an option to move for discharge before the learned court with their prayer at appropriate stage. Hence this application being devoid of merit is liable to be dismissed.

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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., charge sheet and order of cognizance passed by the learned court concerned, medical report and the statements of witnesses, there appears no ground to grant indulgence in favour of applicants, therefore, prayer for quashing the entire proceedings of the case is hereby refused.

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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.

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Accordingly, present application is disposed of finally

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Order Date :- 11.9.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Lalmani Patel Alias Lalmani Verma and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lalmani Patel Alias Lalmani Verma and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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