Gautam Sharma and 6 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:24331

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 4909 of 2025

Applicant :- Gautam Sharma And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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

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The present application under Section 528 B.N.S.S. has been filed seeking quashing of Charge-Sheet No. 165/19, dated 03.03.2022, the cognizance order dated 15.03.2024, as well as the entire proceedings of Criminal Case No. 9027 of 2024 titled State v. Gautam Sharma and Others, arising out of Case Crime No. 0170 of 2019, registered under Sections 147, 323, 352, 504, 506, 332, 336, 427, 308, 341 of the Indian Penal Code, 1860 (IPC) and Section 7 of the Criminal Law Amendment Act, at P.S. Jaithara, District Etah.

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The learned counsel for the applicants contends that the applicants have been falsely implicated in the present case due to their inability to fulfill an alleged illegal demand by the police. It is submitted that the FIR was registered in the year 2019, and the charge-sheet was subsequently filed in 2022. The first charge-sheet was filed only against the co-accused, whereas the applicants were later implicated in a supplementary charge-sheet after an inordinate delay of three years. It is further argued that the ingredients of Section 7 of the Criminal Law Amendment Act are not attracted in the present case, as there is no injury report, nor

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has the statement of any injured been recorded during the course of the investigation. Additionally, it is pointed out that all 13 prosecution witnesses are police personnel.

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Per contra , the learned A.G.A. opposes the application, submitting that the allegations against the applicants are serious in nature. It is contended that the applicants obstructed a public pathway, assaulted the helper of the alleged vehicle, and used abusive language against police personnel. Furthermore, when the police attempted to intervene, they were also assaulted by the applicants. It is asserted that the ingredients of Sections 147, 323, 352, 504, 506, 332, 336, 427, 308, 341 I.P.C., along with Section 7 of the Criminal Law Amendment Act, are fully satisfied.

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Upon considering the submissions of the learned counsel for the applicants and the learned A.G.A., as well as upon perusal of the material available on record, it is prima facie observed that the applicants allegedly assaulted the helper of the vehicle, used abusive language against police personnel, and obstructed a public road, thereby causing hindrance to the general public. The allegations would attract the provisions of Sections 147, 323, 352, 504, 506, 332, 336, 427, 308, 341 I.P.C. and Section 7 of the Criminal Law Amendment Act. Consequently, no case for quashing of the aforesaid proceedings is made out.

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So far as the submissions raised by the learned counsel for the applicant are concerned, it can be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal

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proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C.

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The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed.

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Order Date :- 19.2.2025

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Gautam Sharma and 6 Others v. State of U.P. and Another

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