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IN THE HIGH COURT OF ALLAHABAD
UMESH CHANDRA SHARMA, J.
Bindu and 3 others – Appellant
Versus
State of U.P. and another – Respondents
Application U/S 482 No. 21174 of 2022
Decided on : 10-04-2023
Criminal Procedure Code, 1973 - Section 482, 151, 107, 116 – Indian Penal Code, 1860 - Sections 323, 504, 308 - Constitution of India, 1950 - Article 20(2) - Old enmity - Attempt to cause homicidal death - Quash entire proceedings - Application moved to quash entire proceedings – Applicant no.1 himself accepts that injuries had been caused to him and I.O. of concerned police station is admitting that an attempt to cause homicidal death has been committed. [Para 22]
Finding of the Court: Court is of view that there is no material substance in argument of applicants - After lodging FIR, I.O. has submitted charge sheet under Sections 323, 504 and 308 IPC - Witnesses have supported prosecution version which has also been corroborated by medical evidence - On one hand where police is not showing any injury to either of parties even to applicant no.1 also, on other hand applicant no.1 himself accepts that injuries had been caused to him and I.O. of concerned police station is admitting that an attempt to cause homicidal death has been committed by applicants - Criminal proceedings, charge sheet and cognizance order cannot be cancelled lightly and inherent power under Section 482 CrPC cannot be exercised if Court does not find that charge-sheet and entire criminal proceeding is abuse of process of Court or there is any need to secure ends of justice or there is any necessity to give effect to any order under Code by implication of Section 482 CrPC - Petition under Section 482 CrPC is devoid of merit.
Result: Petition dismissed.
JUDGMENT :
1. Heard Sri Madhaw Prasad, learned counsel for the applicants, Sri Rajnish Shukla, learned counsel for opposite party no.2 and perused the record.
2. This application under Section 482 CrPC has been moved to quash the entire proceedings of Criminal Case No.124217 of 2021 (State Vs. Bindu Chaudhary and others) arising out of Case Crime No.77 of 2021, under Sections 323, 504, 308 IPC, Police Station Compierganj, District Gorakhpur pending in the Court of Judicial Magistrate-III, Gorakhpur as well as charge sheet dated 08.08.2021 and also NBW dated 05.04.2022 issued against applicant no.1.
3. In brief, facts of the case are that opposite party no.2, Sanjay Kumar lodged an NCR on 01.04.2021 about the incident dated 09.03.2021 that on account of old enmity applicants accused had beaten him by lathi-danda and caused several injuries to him. He was medically examined on the same day at 11:40 a.m. in which the doctor found three injuries of complaint of pain and one injury of lacerated wound on the top of head, 12 cm above of left ear which was kept in observation.
4. A CT scan was done of opposite party no.2 in which hemorrhagic contusion was seen in left high frontal region and fracture of outer table of left frontal bone was also seen. Finally head injury was concluded and thereafter the present FIR has been lodged under Sections 323, 504, 308 IPC. The bail application of applicant nos.2 to 4 had been rejected by the Additional Sessions Judge, Court No.2, Gorakhpur. After investigation charge sheet has been submitted in the aforesaid sections in which applicant nos.2 to 4 appeared and summon was issued for presence of applicant no.1.
5. By way of this petition the applicants have sought aforementioned remedy and have taken ground that applicant no.1 has also lodged an NCR No.105 of 2021, under Sections 323, 504 IPC in the concerned police station on 09.03.2021 at 12:38 p.m. against the villagers but not against opposite party no.2. The allegations therein are that due to old enmity, he was abused, beaten with lathi-danda whereby he received much injuries on his body. The applicants and opposite party no.2 had been arrested by the concerned police station under Sections 151, 107, 116 CrPC on 09.03.2021 at 02:50 p.m. and the concerned police submitted challani report dated 09.03.2021 in Criminal Case No.1736 of 2021 (State Vs. Bindu Kumar and others) and in Case No.17371 of 2021 (State Vs. Sanjay Kumar and others) pending in the Court of SDM, Campierganj, Gorakhpur, under Sections 107, 116, 151 CrPC which are still pending. In the reports it is stated that no incident happened on 09.03.2021 and only on apprehension of the incident police had arrested them.
6. Opposite party no.2 has been medically examined by the CMO and CT scan of head has been done on 12.03.2021 without mentioning any time. On the basis of injury report and CT scan report Section 308 IPC has been added to the NCR No.104 of 2021 and the NCR has been converted into FIR No.77 of 2021, under Sections 323, 504 and 308 IPC on 22.03.2022 without showing the place of occurrence.
7. The courts below have rejected the bail applications seeing the injury report. Both the reports (challani and injury) contradict each other and prove that the case is false and abuse of process of the court. It is impossible to write the application by opposite party no.2 having such injury as brain haemorrhage and he was arrested in connection of Sections 107, 116 and 151 CrPC. The investigating officer has recorded the statement of opposite party no.2 on 01.04.2021 and evidence of two witnesses Basmati and Kishlawati on 20.04.2021. The witnesses have not disclosed the place of occurrence. The investigating officer has prepared the site plan on 22.03.2021 which is false and fabricated. The investigating officer has recovered a lathi from applicant no.4, Ranjeet after three months later of the incident on 11.06.2021. The recovery is false because there is no bush around the applicant's hous
The Court emphasized that the determination of the truthfulness of allegations and sufficiency of evidence is within the domain of the trial court, and the exercise of inherent power to quash the FIR....
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
Filing multiple complaints for the same occurrence constitutes an abuse of process, and courts must prevent frivolous litigations.
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