Court No. - 65

Case :- APPLICATION U/S 482 No. - 38125 of 2022

Applicant :- Mahboob And 3 Others

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

Counsel for Applicant :- Pavan Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicant, 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 dated

26.7.2022 and cognizance order dated 5.8.2022 as well as

further proceedings of Case Crime No. 182 of 2022 (State vs.

Mahboob & others), under Sections 452, 323, 504, 506, 308,

325, 324 IPC, P.S. Kotwali Dehat, District- Bijnor, pending in

the court of Addl. Chief Judicial Magistrate, Court No. 1,

Bijnor.

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

alleged that on 10.7.2022 at about 4:30 p.m., the applicants

reached at the place of incident armed with lathi and started

hurling abuses and on being asked to refrain from hurling

abuses, the applicants assaulted the victims. On account of

assault made by the applicants, Akhtari and Talib 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, the 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, the 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 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 :- 20.1.2023

KU

Digitally signed by :-

KALIM UDDIN SIDDIQUI

High Court of Judicature at Allahabad