Quashing of criminal proceedings under Section 482 Cr.P.C. is not permissible when a prima facie offense is disclosed based on the available evidence.

Court No. - 65

Case :- APPLICATION U/S 482 No. - 37866 of 2022

Applicant :- Ravi Chaudhary

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

Counsel for Applicant :- Sandeep Tripathi

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

applicant with the prayer to quash the charge sheet dated

13.08.2016, N.B.W. dated 31.08.2022 and all consequential

proceedings of Case No. 4166 of 2017 (State Vs. Ravi

Chaudhary and others) arising out of Case Crime No. 48 of

2016, under Sections 307, 120-B I.P.C., PS Sadar Bazar,

District Saharanpur, pending in the Court of Chief Judicial

Magistrate, Saharanpur.

As per the allegations made in the F.I.R. and the statement of

the injured recorded under Section 161 Cr.P.C., it is alleged that

on 14.02.2016, the applicant had taken the victim on a

motorcycle to a secluded place and assaulted him by a knife on

his neck. On account of assault made, victim suffered injuries

on his neck and has been medically examined.

Learned counsel for the applicant 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 applicant and the present case has been

instituted with a malafide intention for the purpose of

harassment, as such, impugned charge sheet, N.B.W. and entire

criminal proceedings 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 applicant and as such, impugned charge

sheet, N.B.W. and entire criminal proceedings be not 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 statements of the injured recorded

under Section 161 Cr.P.C. and material collected during the

course of investigation, prima facie, offence is clearly disclosed

against the applicant.

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 and entire criminal

proceedings is refused.

However, in case the applicant appears before the court below

within three weeks from today and applies for bail, his 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 :-2.1.2023

AKT

Digitally signed by ASHOK KUMAR

TRIPATHI

Date: 2023.01.05 11:27:10 IST

Reason:

Location: High Court of Judicature at

Allahabad