Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing the application and further this Court expects that the court below, while considering the application, if so preferred by the applicants, will decide the same with great expedition without being influenced by the observations made hereinabove, while applying independent mind.

JUDGMENT :

1. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri L.D. Rajbhar, the learned A.G.A.

2. The present 482 CrPC application has been preferred by the applicants herein for quashing of the charge sheet dated 4.6.2021 in Case Crime No.258 of 2021, under Sections 323, 308, 504, 506, 324 IPC, P.S. Najibabad, District Bijnor, pending in the Court of Chief Judicial Magistrate, Bijnor.

3. Brief facts of the case necessary of the adjudication of the controversy in question is to the effect that Shamim Ahmad (O.P. no.2) son of Khalil Ahmad lodged an FIR in Case Crime no. 258 of 2021, under Sections 323, 308, 504, 506, 324 IPC, P.S. Najibabad, District Bijnor, with an allegation that on 23.5.2021 at about 7:30 P.M, the wife of O.P. no.2 being Smt. Guleshadab was sweeping the road, the said act of the wife of O.P. no.2 furiated one Sri Sharif son of Bundu and Shahbad son of Sharif Ahmad and their cousin brother Azeem and Fazil sons of Shameem Ahmad, resident of Mauzzampur Tulsi, P.S. Nazibabad, Bijnor, who are before this Court and they abused the wife of O.P. no.2 by using filthy language. When the wife of O.P. no.2 resisted, she was beaten and on hearing her screaming, the younger brother of O.P. no.2 being Mohd. Zeeshan along with his father Kaleem Ahmad came to rescue the wife of O.P. no.2, then again filthy language as well as abuse was administered to the wife of O.P. no.2 and the said act did not come to an end, but the wife of O.P. no.2 was also beaten by the aforesaid accused and in the meantime, Shahbad ran to his house and thereafter brought spade (fawda) and thereafter he hit on the head of Mohammad Zeeshan, who received injuries on his head and fell on the ground. Thereafter, the aforesaid accused also threatened and ran away, with the help of by persons present, Zeeshan, who was in unconscious state was taken to Puja Hospital, Najibabad, wherein it was reflected in the FIR that he was in a serious condition.

4. The Court further finds that Annexure-4 to the revision at page 39 / 40 of the paper-book that the injury report of Zeeshan, which itself shows that he has received serious injuries.

5. Thereafter as per provisions contained in the Code of Criminal Procedure, 1973, the statement of Shamim Ahmad son of Kaleem Ahmad, the wife of O.P. no.2 was recorded, wherein they also reiterated the allegations and supported the version, which was in the alleged FIR.

6. Subsequently, a charge-sheet has been submitted by Investigating Officer on 4.6.2021 against the applicant and others in Case Crime No.258 of 2021, (State Vs. Sharif and others), under Sections 323, 308, 504, 506, 324 IPC.

7. According to the applicants now the cognizance of charge-sheet in 4.6.2021 on 4.10.2021 in Case Crime No. 258 of 2021, (State Vs. Sharif and others), under Sections 323, 308, 504, 506, 324 IPC, P.S. Najibabad, District Bijnor.

8. Learned counsel for the applicant has urged that the FIR so lodged by O.P. no.2 against the applicant culminating into submission of the charge sheet under the aforesaid section is illegal, inasmuch as applicant had at no point of time had committed criminality.

9. Learned A.G.A., has refuted the argument so sought to be advanced by learned counsel for the applicants. According to the learned A.G.A., the power contained under Section 482 CrPC should not be exercised as the entire argument so sought to be advanced by learned counsel for the applicants if of factual score, which cannot be taken into note.

10. This Court before proceeding any further is to be guided by the statutory provisions so contained under Section 482 CrPC, which reads as under :-

“482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

11. A plain reading of Section 482 CrPC