Court No. - 92

Case :- APPLICATION U/S 482 No. - 29930 of 2021

Applicant :- Taufiq And 3 Others

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Sanjai Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants, learned AGA for the

State and perused the record.

Present petition has been preferred to quash the entire

proceedings of Criminal Case No. 26810 of 2021 as well as

Charge Sheet dated 11.11.2021 along with Cognizance Order

dated 20.11.2021 arising out of Case Crime No. 0215 of 2021,

under Section 307 IPC and 3/25 of the Arms Act, Police Staion

Siddharth Nagar, District Siddharth Nagar pending in the Court

of Chief Judicial Magistrate, Siddharth Nagar.

Learned counsel for the applicants has submitted that the FIR

was lodged on 13.09.2021 at about 06.15 A.M. for an incident

alleged to be occurred at 05.15 A.M. on the same date whereas

the medical report/injury report of one of the accused and a

constable was of at about 4.35 A.M. i.e. prior to the alleged

incident as per the FIR, thus, the whole story of the prosecution

becomes doubtful.

On the other hand, learned AGA has submitted that aforesaid

embellishment can only be seen during trial by adducing

evidence and these are disputed questions of fact. There is other

evidence corroborating the incident so on the sole ground, the

proceedings cannot be quashed. It is further submitted that this

is not a stage where minute and meticulous exercise with regard

to the appreciation of evidence may be done and truthfulness of

the allegations could only be tested in a criminal trial by

adducing evidence and, therefore, the petition is misconceived

and liable to be dismissed.

After hearing learned counsel for the parties and going through

the record as well as considering the law laid down by Hon'ble

Supreme Court, prima-facie, it is found that if there is any

embellishment in the present case i.e. the time in the injury

report is prior to the alleged incident, as mentioned in the FIR,

that can be seen during trial by adducing evidence and it cannot

be a ground for quashing of the proceedings when in the

statement recorded under Section 161 Cr.P.C are present. This

Court under Section 482 Cr.P.C. cannot scrutinize the evidence

and the same will be seen by the trial court during trial.

From the facts of the case at this stage, it cannot be said that no

offence is made out against the applicants. All the submissions

made at the bar relate to the disputed questions of fact, which

cannot be adjudicated upon by this Court in proceedings 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 the

cases of R.P. Kapur Vs. State of Punjab, A.I.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, Zandu

Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq,

another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir

& Ors. Vs. State of Gujarat AIR 2017 SC 4843, TGN

Kumar Vs. State of Kerala and others reported in 2011 2

SCC 772 and lastly Chilakamarthi Venkateswarlu Vs. State

of Andhra Pradesh and another reported in 2019 SCC

Online 948.

In view of above, this petition is devoid of merit and hence no

interference is required.

Petition under Section 482 is hereby dismissed.

Order Date :- 13.5.2022

Ashish

Digitally signed by ASHISH MISHRA

Date: 2022.05.16 16:47:04 IST

Reason:

Location: High Court of Judicature

at Allahabad