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High Court Of Allahabad
S.K. Phaujdar, J.
Ram Sagar
Vs.
State Of U.P.
Crl. Misc. Application No. 2924 of 1998
Decided on: 3rd August, 1998
False Allegation - Quashing of Charge-sheet - Prima Facie Nature of Allegations
Fact of the Case:
The case involved a request to quash charge-sheet No. 34A of 1997 and the proceedings in Case No. 42 of 1998 on the grounds of bias and false allegations.
Finding of the Court:
The court held that the determination of whether the allegations were false or not should be made during the trial, and at the present stage, the court was only required to assess the prima facie nature of the allegations.
Issues: The main issue was whether the charge-sheet and proceedings should be quashed based on the allegation of bias and false case.
Ratio Decidendi: The court emphasized that the determination of the truthfulness of the allegations should be made during the trial, and the charge-sheet or proceedings should not be quashed solely based on the allegations at this stage.
Final Decision: The application to quash the charge-sheet and proceedings was disposed of with the observation that the determination of the truthfulness of the allegations should be made during the trial.
S.K. Phaujdar, J.
1. Heard.
2. A charge-sheet No. 34A of 1997 and the proceedings in Case No. 42 of 1998 started thereon, are sought to be quashed on the ground that this is absolutely a false case as the Investigating Officer and the Station Officer of the concerned police station were biased. It appears that initially an F.I.R. was lodged with case Crime No. 119 of 1997 after a road accident, in which a lady was killed. After some time, this concerned Crime No. 119A of 1997 was lodged for offences under Section 147/353, I.P.C. read with 7, Criminal Law Amendment Act as certain people allegedly wanted to take the law in their own hands and did try to use force on the police party. This subsequent F.I.R. has ended in charge-sheet which is under challenge now. Whether it is a false allegation or not is to be seen in trial only and in that case the charge-sheet or the proceedings may not be quashed as the Court at this stage is required only to see the prima facie nature of the allegations.
The present application stands disposed of with the above observation.
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