Court No. - 73

Case :- APPLICATION U/S 482 No. - 7980 of 2022

Applicant :- Jamaluddun @ Jammal And 4 Others

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

Counsel for Applicant :- Dhirendra Kumar Srivastava

Counsel for Opposite Party :- G.A.,Aijaz Ahmad Khan

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned counsel for the

opposite party no. 2 and learned A.G.A. for the State.

By means of this application under Section 482 Cr.P.C. the

applicants have invoked inherent jurisdiction of this Court to

quash the summoning order dated 06.08.2021 passed by the

Judicial Magistrate, Chakia, Chandauli and the charge sheet

dated 31.05.2021 as well as entire criminal proceedings of

Criminal Case No. 1069 of 2021, Case Crime No. 44 of 2021,

under Sections 34, 147, 148, 323, 336, 504, 506, 452 I.P.C.

Police Station Shahabganj, District Chandauli pending before

the court of Judicial Magistrate, Chakia, Chandauli.

At the time of argument, learned counsel for the applicants

confined his arguments to quash the summoning order up to

Section 452 I.P.C. only and has prayed that neither in the first

information report there is any allegation of committing offence

inside the house of any person nor the first informant/injured

has mentioned the offence regarding Section 452 I.P.C. in his

first statement under Section 161 Cr.P.C. dated 16.05.2021. In

the site plan also house of Meraj Ahmad is not shown. It is

alleged by the first informant in his additional statement dated

24.05.2021 for the first time that when he entered in the house

of Meraj Ahmad being chased by the accused persons he was

thrashed inside the house also. Thus, it is argued that neither in

the first information report nor in the first statement of

Lukman/injured there is any allegation of committing any

offence inside the house of Meraj Ahmad. So the prayer is

made to quash the summoning order and charge sheet regarding

Section 452 I.P.C.

It is argued by the learned A.G.A. as well as by the learned

counsel for the opposite party no. 2 that Lukman Ahmad in his

additional statement dated 24.05.2021 has stated that when he

was being chased by the accused persons he entered in the

house of Meraj Ahmad and was thrashed there also. Meraj

Ahmad in his statement dated 24.05.2021 has reiterated the fact

of thrashing Lukman Ahmad by the accused persons in his

house also. Thus, it is argued by the learned A.G.A. that the first

information report is not an encyclopedia wherein all the facts

are necessary to be mentioned. As in the additional statement of

the injured it has come that he was thrashed inside the house of

Meraj Ahmad so the prayer regarding quashing of the

summoning order, charge sheet and the proceedings under

Section 452 I.P.C. has no force.

It is true that the first information report is not the encyclopedia

but if we go through the record, the incident is admittedly dated

13.05.2021. The statement of first informant Lukman Ahmad

has been recorded on 16.05.2021. Both in the first information

report and in the first statement of the injured there is no

mention of his thrashing out in the house of Meraj Ahmad. On

24.05.2021 i.e. after 09 days of the incident for the first time the

applicant has disclosed the fact of thrashing him inside the

house of Meraj Ahmad. Meraj Ahmad has also supported the

statement of Lukman and the reason of not mentioning this fact

in the first information report is disclosed by the first informant

that due to tension and nervousness he could not mention this

fact in the first information report.

If we go through the statement of Meraj Ahmad and the second

statement of the injured, both of them have mentioned in their

statements dated 24.05.2021 under Section 161 Cr.P.C. that the

first informant Lukman Ahmad/injured was thrashed inside the

house of Meraj Ahmad also. There is one more statement of

witness Mahfooj Alam recorded on the same date i.e.

24.05.2021, he has men