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ALLAHABAD HIGH COURT
RAJEEV MISRA
DEVESH @ DEVESH KUMAR AND 3 OTHERS – Appellant
Versus
State – Respondent
A482/20933/2021
CRIMINAL PROCEDURE CODE - QUASHING OF FIR - APPLICANT'S CONTENTION THAT FIR IS FALSE AND MOTIVATED BY MALICE - COURT HELD THAT AT THIS STAGE, IT CANNOT BE SAID THAT NO OFFENCE IS MADE OUT AGAINST APPLICANT AND DISMISSED THE APPLICATION.
Fact of the Case:
The applicants filed an application under Section 482 Cr.P.C. challenging the charge-sheet submitted against them in a case involving allegations of assault, criminal intimidation, and trespass. The applicants contended that the FIR was false and motivated by malice, and that they had been falsely implicated.
Finding of the Court:
The court noted that the Investigating Officer had examined the first informant and other witnesses under Section 161 Cr.P.C., and that the charge sheet was supported by the material collected during the investigation. The court also noted that the applicants had not appended the statements of all the witnesses examined under Section 161 Cr.P.C. or the material collected by the Investigating Officer during the investigation.
Issues: Whether the FIR was false and motivated by malice, and whether the applicants had been falsely implicated.
Ratio Decidendi: The court held that at this stage, it could not be said that no offence was made out against the applicants. The court noted that all the submissions made by the applicants related to their disputed defence, which could not be adjudicated upon by the court in exercise of its jurisdiction under Section 482 Cr.P.C.
Final Decision: The court dismissed the application.
Court No. - 80
Case :- APPLICATION U/S 482 No. - 20933 of 2021
Applicant :- Devesh @ Devesh Kumar And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Vijay Kumar Dwivedi,Gagan Mohan
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vijay Kumar Dwivedi, the learned counsel for
applicants who has joined audio and video link and learned
AGA for State who is also available on audio and video link.
Perused the record.
This application u/s 482 Cr.P.C. has been filed challenging
charge-sheet no. 188 of 2020 dated 26.09.2020 submitted in
Case Crime No. 189 of 2020, under Sections 323, 504, 506, 452
IPC, P.S. Dadon, District Aligarh, Cognizance Taking Order
dated 18.02.2021 passed by Additional Chief Judicial
Magistrate, Court No. 5, Aligarh, in Case No. 366 of 2021
(State vs Devesh & 3 others) arising out of Case Crime No. 189
of 2020, under Sections 323, 504, 506, 452 IPC, P.S. Dadon,
District Aligarh.
Learned counsel for applicants contends that applicants are
innocent. They have been falsely implicated in above
mentioned case crime number. Allegations made in F.I.R. are
false and concocted. It is then contended that applicants have
been falsely implicated in the aforementioned case crime
number on account of ulterior motive. On the aforesaid
premise, it is thus urged that present criminal proceedings are
not only malicious but also an abuse of process of Court.
Consequently same are liable to be quashed by this Court.
Per contra, the learned A.G.A. has opposed this application.
Learned A.G.A. contends that subsequent to the F.I.R. dated
02.08.2020, Investigating Officer proceeded with statutory
investigation of aforesaid case crime number in terms of
Chapter XII Cr.P.C. During course of Investigation,
Investigating Officer examined first informant/opposite party-2
as well as other witnesses under section 161 Cr.P.C. who have
supported the prosecution story as unfolded in F.I.R. On the
basis of above, and other material collected by Investigating
Officer during course of investigation, which is substantially
adverse to applicants, Investigating Officer opined to submit a
charge sheet against applicants. Accordingly, charge sheet dated
26.09.2020 was submitted, whereby and whereunder applicants
have been charge sheeted under sections 323, 324, 452, 504,
506 IPC. Perusal of charge sheet goes to show that as many as
twelve prosecution witnesses have been nominated therein. On
the basis of above, learned A.G.A. submits that, at this stage, it
cannot be said that prosecution of applicants is false or there is
no material to support the prosecution of applicants.
Learned AGA has then invited attention of Court to page 28 of
the paper book and on basis thereof, he submits that one
Abhishek sustained injuries in the incident which is alleged to
have occurred on 1.8.2020. There is nothing on record to show
that injuries sustained by him were not sustained in the incident
giving rise to present criminal proceedings.
Learned AGA lastly contends that applicants have not appended
statements of all the witnesses who were examined under
Section 161 Cr.P.C. and the material that was collected by
Investigating Officer, during course of investigation. In the
absence of the same, this Court cannot examined the veracity of
the charge-sheet or the proceedings pending before court below.
To buttress his submission, learned AGA has referred to the
judgement of Apex Court in Kaptan Singh Vs. State of U.P
and Others, 2021 SCC Online SC 580, wherein following has
been observed in the last line of paragraph 25 of the judgement:
"The High Court has failed to notice and/or consider the
material collected during the investigation"
On the cumulative strength of above, learned A.G.A. contends
that no case for indulgence by this Court is made out.
When confronted with above, learned counsel for applicant
could no
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