Anwar and Others Vs State of Up and Another

Neutral Citation No. - 2024:AHC:110125

Court No. - 77

Case :- APPLICATION U/S 482 No. - 6145 of 2024

Applicant :- Anwar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firoz Haider,M J Akhtar Counsel for Opposite Party :- Akash Pundir,G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri V.M. Zaidi, learned Senior Advocate assisted by Sri M J Akhtar, learned counsel for the applicants, Sri Akash Pundir, learned counsel for the opposite party no.2 and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants- Anwar, Kadir and Smt. Mazhabi, with the prayer to allow the present application and quash the entire proceeding as well as order dated 18.01.2024 in Case No. 16535 of 2023 (State Vs. Anwar and others) arising out of Case Crime No. 655 of 2022, under Sections 452, 323, 352, 354kha, 504, 506, 304 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application.

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In the present matter it is submitted that the first information report was lodged under Sections 452, 323, 352, 354kha, 504, 506 I.P.C. by Shabi Abbas against the applicants after which the matter was investigated and a charge-sheet dated 01.12.2022 was submitted against them for offences under Sections 452, 323, 352, 354kha, 504, 506 I.P.C. It is submitted that subsequently on further investigation in the matter a supplementary charge-sheet dated 05.03.2023 under Section 304 I.P.C. has been submitted against the applicants. It is submitted that the court concerned took cognizance upon the matter vide order dated 24.06.2023 and summoned them. Learned counsel has submitted that vide parcha dated 19.06.2023 the investigation agency came to a conclusion that offence under Section 304 I.P.C. is not made out and hence deleted the same in the matter. It is submitted that the applicants then filed an application for discharge dated 03.11.2023 which has been rejected vide order impugned dated 18.01.2023. It is submitted that in so far as the death of the deceased Mohd. Abbas is concerned, the same was opined by the doctor to be due to Syncope as a result of antemortem myocardial infarction and as such the same was a natural death. It is submitted that no offence under Section 304 I.P.C. is made out. The applicants be thus discharged.

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Per contra , learned counsel for the opposite party no.2 and learned counsel for the State opposed the prayer for quashing and submitted that in so far as the discharge of the applicant is concerned, it cannot be said that no offence whatsoever is made out. It is submitted that at this stage the prosecution material is to be seen and looking to the entire prosecution material it cannot be said the no offence is made out. It is submitted that mini trial at this stage cannot be conducted so as to reach to a conclusion that the applicants deserve to be discharged. It is submitted that prima facie evidence is against the applicant. The present petition be thus dismissed.

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After hearing the learned counsel for the parties and perusing the records, it is evident that it cannot be said that no offence whatsoever is made out against the applicants. The applicants are named in the first information report and there are allegations against them. The application for discharge has been rejected by a detailed order by the court concerned. At this stage appreciating the evidence or conducting mini trial is not permissible. No interference is made out.

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The present application u/s 482 Cr.P.C. is dismissed .

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Order Date :- 8.7.2024 AS Rathore

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(Samit Gopal,J.)

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

Anwar and Others v. State of Up and Another

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Anwar and Others v. State of Up and Another

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