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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vikas Budhwar,J.
Om Prakash – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Vikas Budhwar, J.
1. Heard Sri Harish Kumar Tripathi, learned counsel for the applicants, Sri Bhuval Vishwakarma, learned A.G.A. for the State and Sri Vikash Krishna Murti, learned counsel for the opposite party no.2.
2. The applicants herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the charge sheet 27.06.2023, cognizance order dated 23.05.2024 passed by learned Special Judge SC/ST Act, Gorakhpur as well as entire proceeding of Session Case No. 804/2024 (State Vs. Om Prakash & others) arising out of Case Crime No. 260/2023, Under Sections 323, 504 I.P.C. as well as Section 3(1) (r)(s) & section 3(2)5A SC/ST Act, Police Station- Pipiganj, District- Gorakhpur, pending in the learned Special Judge SC/ST Act, Gorakhpur.
3. Learned counsel for the applicants has submitted that a first information report stood lodged against the applicants and another on 20.6.2023 at 15.41 hours, under Sections 323, 504, 367 of the IPC and read with Section 3(2)(v) of the S.C./S.T. Act being No.0260 relatable to the commission of the offence on 18.6.2023 when the opposite party no.2 had gone to the house of Ramharakh Prajapati and wh
Judicial intervention under Section 482 Cr.P.C. is limited; FIRs from both parties indicate that offences are made out, justifying the continuation of proceedings.
The court emphasized that discharge applications must be evaluated with due diligence regarding accompanying documents, and failure to do so renders the lower court's decision unsustainable.
The court may quash criminal proceedings under Section 482 Cr.P.C. if allegations are based on malice, lack credible evidence, and constitute an abuse of process.
The power to quash criminal proceedings under Section 482 Cr.P.C. should be exercised sparingly and with circumspection, and the serious impact of certain offenses on society should be considered.
The main legal point established in the judgment is the careful consideration of the factual scenario and the application of legal principles related to abetment of suicide and intentional insult und....
The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.
The absence of medical evidence and post-mortem reports precludes establishing a prima facie case for homicide, raising doubts about the informant's motives.
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