Shivmangal Singh Vs State of Up ANOther — Allahabad HC (2025) — LawSathi Research

Shivmangal Singh Vs State of Up ANOther — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the charge-sheet dated 08.01.2024, the cognizance/summoning order dated 02.02.2024 passed by the Judicial Magistrate, Jalaun at Orai, and the entire proceedings of Criminal Case No. 156 of 2024 arising out of Case Crime No. 282 of 2023 (Sections 279, 304A IPC) ought to be quashed in exercise of the inherent power under Section 482 Cr.P.C.

Court's answer

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicant; the learned Magistrate rightly summoned the applicants, statements of independent witnesses and the informant allege against the applicant, and prima facie an offence is made out.

Ratio / Principle

All the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

Key takeaways

In light of the cited Apex Court judgments (R.P. Kapur, Manik B., Bhajan Lal, P.P. Sharma, Zandu Pharmaceutical), no ground for quashing the proceedings of the aforesaid case is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) dismissed an application under Section 482 Cr.P.C. seeking quashing of the charge-sheet dated 08.01.2024, the cognizance/summoning order dated 02.02.2024 passed by the Judicial Magistrate, Jalaun at Orai, and the entire proceedings of Criminal Case No. 156 of 2024 (State v. Shiv Mangal Singh) arising out of Case Crime No. 282 of 2023, under Sections 279, 304A I.P.C., P.S. Kuthaund, District Jalaun. Held: on the material on record, prima facie an offence is made out against the applicant and the Magistrate rightly summoned him; the submissions (innocence, non-mention in the F.I.R., absence of postmortem report, alleged non-application of judicial mind, malafide prosecution) relate to disputed questions of fact which cannot be adjudicated under Section 482 Cr.P.C.; relying on R.P. Kapur v. State of Punjab (AIR 1960 SC 866), Manik B. v. Kadapala Sreyes Reddy (2023 LiveLaw (SC) 642), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426), State of Bihar v. P.P. Sharma (1992 SCC (Cr.) 192) and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq (2005 SCC (Cr.) 283), no ground for quashing was made out. Application dismissed (Order Date: 29.4.2025).

Neutral Citation No. - 2025:AHC:66517

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21618 of 2024

Applicant :- Shivmangal Singh Opposite Party :- State Of Up Another Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 08.01.2024; cognizance/ summoning order dated 02.02.2024 passed by Judicial Magistrate Jalaun at Orai as well as entire proceedings of Criminal Case No.156 of 2024 (State Vs. Shiv Mangal Singh) arising out of Case Crime No. 282 of 2023, under Sections 279, 304A I.P.C., P.S. Kuthaund, District Jalaun, pending in the Court of Judicial Magistrate Jalaun at Orai.

Counsel for the applicants submits that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. His name surfaced in the statement of informant recorded under Section 161 Cr.P.C. It is next submitted that there is no evidence against the applicant to prosecute him in the present case. There is no postmortem report. The allegation alleged in the F.I.R. is false and baseless. The cognizance/summoning order passed by the learned Magistrate is without application of judicial mind. No offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He further submits that no prosecution could proceed against the applicants, in such circumstances.

Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same.This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.

From the perusal of the material on record and looking into the

facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. The statement of independent witnesses and informant has made allegation against the applicant. Prima facie, offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, , no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.

The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed .

Order Date :- 29.4.2025 Meenu Singh

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