Court No. - 88

Case :- APPLICATION U/S 482 No. - 9604 of 2022

Applicant :- Ghurai And 3 Others

Opposite Party :- State Of U.P. And 2 Others

Counsel for Applicant :- Krishna Nand Yadav,Anand Prakash

Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Aslam,J.

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

State and perused the record.

The instant application under Section 482 Cr.P.C. has been

moved on behalf of applicants for quashing the charge-sheet

dated 6.12.2020 and cognizance order dated 1.4.2021 as well as

entire proceeding of Criminal Case No.1597 of 2021, arising

out of Case Crime No.345 of 2020, under Sections 323, 504,

427, 325, 308 I.P.C., Police Station Kotwali, District

Maharajganj, pending in the court of learned Chief Judicial

Magistrate, Maharajganj.

It is submitted by learned counsel for the applicants that as per

NCR, it reveals that the rain water was flowing towards the land

of applicant and while they stopped the flow of rain water, the

opposite party no.3 and his family members arrived there and

forbade to do so. It is further submitted that in the F.I.R., it is

stated that to stopping the flow of water, the applicants hurled

abuses and started assaulting them with lathi and danda. It is

further submitted that the flow of rain water was stopped so that

paddy crop may not be damaged and it was doing on his own

land in exercise of his lawful right. It is further submitted that

on stopping the flow of water, the opposite party no.3 had

beaten the applicants regarding which instead of effort made by

the applicants, no NCR or F.I.R. was lodged. It is further

submitted that in this regard a petition was filed which was

disposed of with liberty to petitioner to invoke the power of the

Magistrate available under the Code of Criminal Procedure.

Learned A.G.A. has opposed the application and has submitted

that no F.I.R. or complaint has been lodged by the applicants till

date. It is further submitted that if the applicants move

application under the Code of Criminal Procedure for criminal

action before the Magistrate and after being that case registered,

the case will be treated as cross case. In this case, we can

anyhow say that the applicants came here with the cross

version. The veracity of the prosecution case cannot be

adjudicated in the proceeding under Section 482 Cr.P.C.

I have gone through the file. The genuineness of the case cannot

be adjudicated in the proceeding under Section 482 Cr.P.C. At

this stage only prima facie case is to be seen in the light of the

law laid down by Supreme Court in cases of R.P. Kapur Vs.

State of Punjab, A.L.R. 1960 S.C. 866, State of Haryana Vs.

Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.

Sharma, 1992 SCC (Cr.) 192 and lastly Zandu

Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and

another (Para-10) 2005 SCC (Cr.) 283.

The prayer for quashing the entire criminal proceedings of the

aforesaid case based on charge-sheet and its cognizance order is

hereby refused.

However, if the accused-applicants surrender before the court

below and move bail application within 21 days from today, the

court below shall decide the bail application according to the

law laid down in the case of Satender Kumar Antil v. Central

Bureau of Investigation & Anr. reported in (2021) 10 SCC

773 .

For a period of 21 days from today, no coercive action shall be

taken against the applicants in the aforesaid case.

The application is, accordingly, disposed of.

Order Date :- 6.5.2022

Anil K. Sharma

Digitally signed by ANIL KUMAR

SHARMA

Date: 2022.05.10 16:05:44 IST

Reason:

Location: High Court of Judicature at

Allahabad