Dismissed

Hari Shankar Tiwari v. State of U.P. and Another

Allahabad HC9 Apr 2025A482/26652/2024

Case brief

AI extract

What is this about?

This High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings against a Gram Pradhan. The court held that disputed questions of fact and lack of Section 197 protection precluded interference, rejecting grounds for illegal implication.

What did the court decide?

The 482 application was dismissed. No coercive action against the applicant for two weeks pending surrender.

Hari Shankar Tiwari Vs State of U.P. and… — Public Procurement and Tenders | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:52625

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 26652 of 2024

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Applicant :- Hari Shankar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidya Kant Rai Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 25.01.2019 submitted by Police of Police Station Kalyanpur, District Fatehpur in connection with Case No. 4375 of 2019 (arising out of case crime No. 19 of 2018) State vs. Rakesh Tiwari and others Under Sections 147, 148, 149, 323, 452, 506 I.P.C. Police Station Kalyanpur, District Fatehpur pending before learned Chief Judicial Magistrate, Fatehpur as well as cognizance order 17.04.2019 passed by learned Chief Judicial Magistrate, Fatehpur.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is a Gram Pradhan and comes under the definition of public servant, as such, permission should be accorded under Section 197 Cr.P.C. before lodging first information report, therefore, prosecution against the applicant is illegal and liable to be quashed.

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Per contra , learned A.G.A. vehemently opposed the submission raised by learned counsel for the applicant and submitted that applicant does not come in the purview of government servant and provisions of Section 197 Cr.P.C., is not applicable in the present case. He next submitted that applicant was involved in the assault and injured has received injuries. Prima facie , case is made out against the applicant. Learned Magistrate has rightly taken cognizance and issued summons against the applicant.

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The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the

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trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.

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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, 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. as the same do not suffer from any illegality or infirmity.

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The present 482 application of applicant- Hari Shankar Tiwari, is hereby dismissed with the aforesaid observation.

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However, if the applicant surrenders before the concerned court within two weeks from today and applies for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922 .

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For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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Order Date :- 10.4.2025 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Hari Shankar Tiwari v. State of U.P. and Another

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Hari Shankar Tiwari v. State of U.P. and Another

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