Proceedings under Section 482 Cr.P.C. cannot be quashed based on disputed questions of fact, and the court must rely on the allegations made in the FIR and the material collected during the investigation to determine whether an offence is disclosed.

Court No. - 65

Case :- APPLICATION U/S 482 No. - 43984 of 2022

Applicant :- Ramesh Kumar And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Chandra Prakash Pandey,Brij Kishor

Singh

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned A.G.A. for the

State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the

applicants with the prayer to quash the charge sheet No. 01 of

2022 dated 1.8.2022 and cognizance/summoning order dated

13.10.2022 as well as further proceedings of Case No. 21728 of

2022 (State Vs. Ramesh Kumar and others) arising out of Case

Crime No. 114 of 2022, under Sections 308, 323, 504, 506 IPC,

P.S. Dubaulia, District- Basti, pending in the court of Judicial

Magistrate-I, Basti.

As per the allegation made in the first information report, it is

alleged that on 30.6.2022 at about 11 p.m., the applicants armed

with lathi, danda, kicks and fists, assaulted the victims. On

account of assault made by the applicants, Gyan Das and Aditya

have suffered injuries and have been medically examined.

Learned counsel for the applicants has submitted that from the

perusal of the allegations made in the FIR and the material

collected during the course of investigation, no offence is

disclosed against the applicants and the present case has been

instituted with a malafide intention for the purpose of

harassment, as such, impugned charge sheet, cognizance order

as well as entire criminal proceedings be quashed.

Per contra, learned AGA has submitted that from the perusal of

the allegations made in the FIR and the material collected

during the course of investigation, prima facie offence is clearly

made out against the applicants and as such, impugned charge

sheet, cognizance order as well as entire criminal proceedings

cannot be quashed.

Having considered the rival submissions made by learned

counsel for the parties and from the perusal of the allegations

made in the FIR and the statement of the witnesses and material

collected during the course of investigation prima facie, offence

is clearly disclosed against the applicants.

At this stage, disputed question of fact cannot be considered,

therefore, in view of law laid down by Hon'ble Apex Court in

the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC

866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426,

State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and

lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful

Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer

for quashing the impugned charge sheet, cognizance order as

well as entire criminal proceedings is refused.

However, in case the applicants appear before the court below

within three weeks from today and apply for bail, their bail

application be considered and disposed of in view of law laid

down by Hon'ble Apex Court in the case of Satender Kumar

Antil Vs. Central Bureau of Investigation and another

reported in (2021) 10 SCC 773 after hearing the parties.

With the aforesaid observations, this application under Section

482 Cr.P.C. is finally disposed of.

Order Date :- 9.1.2023

KU

Digitally signed by :-

KALIM UDDIN SIDDIQUI

High Court of Judicature at Allahabad