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2023 Supreme(Online)(ALL) 5708
ALLAHABAD HIGH COURT
JAY SINGH AND 3 OTHERS – Appellant
Versus
State – Respondent
A482/42354/2022
Quashing of criminal proceedings under Section 482 Cr.P.C. is not permissible when a prima facie offence is made out based on the allegations in the FIR and the material collected during the investigation.
Headnote:
CRIMINAL PROCEDURE CODE - QUASHING OF PROCEEDINGS - [SECTION 482] - The court refused to quash the charge sheet and summoning order in a criminal case where prima facie offence was made out against the applicants based on the allegations in the FIR and the material collected during the investigation.
Fact of the Case:
The applicants were accused of hurling abuses, assaulting, and causing injuries to the victims. An FIR was lodged, and a charge sheet was filed against them.
Finding of the Court:
The court found that prima facie offence was made out against the applicants based on the allegations in the FIR and the material collected during the investigation.
Issues: Whether the charge sheet and summoning order should be quashed for lack of sufficient grounds.
Ratio Decidendi: The court relied on the principles laid down by the Supreme Court in R.P. Kapur Vs. State of Punjab, State of Haryana Vs. Bhajan Lal, State of Bihar Vs. P.P. Sharma, and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq to hold that disputed questions of fact cannot be considered at the stage of quashing proceedings.
Final Decision: The court refused to quash the charge sheet and summoning order but directed the lower court to consider the applicants' bail application in accordance with the law laid down by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation.
Court No. - 65
Case :- APPLICATION U/S 482 No. - 42354 of 2022
Applicant :- Jay Singh And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhaskar Bhadra
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 u/s 482 Cr.P.C. has been filed by
the applicants with the prayer to quash the charge
sheet dated 12.9.2022 and summoning order
dated 26.9.2022 and entire proceedings of
criminal case no. 968 of 2022, arising out of case
crime no. 354 of 2022, u/s 452, 323, 504, 324, 325
I.P.C. P.S. Aonla, District Bareilly.
As per the allegations made in the F.I.R. it is
alleged that on 15.12.2021 at about 8.00 a.m. the
applicants reached at the house of the victim and
started hurling abuses and on being asked to
refrain from hurling abuses, the applicants
assaulted the victim by Lathi and Danda. On
account of assault made by the applicants, Gomti
and Lakhan 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 F.I.R 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, entire proceeding
be quashed.
Per contra, learned AGA has submitted that from
the perusal of the allegations made in the F.I.R.
and the material collected during the course of
investigation, prima facie offence is clearly made
out against the applicants and as such, the entire
proceeding can not be quashed.
From the allegations made in the F.I.R. and the
statements of the witnesses recorded during the
course of investigation, prima facie offence is
clearly made out 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 entire proceeding
is refused.
However, in case the applicants appear before the
court below 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.
With the aforesaid observations, this application
filed u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 11.1.2023
R
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
