Court No. - 14

Case :- APPLICATION U/S 482 No. - 3779 of 2023

Applicant :- Shubham Patel And Others

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And

Another

Counsel for Applicant :- Ram Prasad Rajput,Chandra Prakash Verma

Counsel for Opposite Party :- G.A.

Hon'ble Shamim Ahmed,J.

Heard Shri Ram Prasad Rajput, the learned counsel for the applicants as

well as Shri Tilak Raj Singh, the learned A.G.A. for the State and perused

the record.

The instant application has been filed by the applicant with a prayer to

quash the charge-sheet in Case No.17669/2021, Crime No. 273/2020,

under Sections 147, 148, 149, 323, 307, 384, 427, 504 I.P.C., Police

Station Para, District Lucknow and summoning order dated 22.03.2021

passed by the learned Judicial Magistrate, IInd Lucknow and also to quash

the non-bailable warrant dated 14.03.2023 passed by the court below.

The contention of the learned counsel for the applicants is that no offence

against the applicants is disclosed and the present prosecution has been

instituted with a malafide intention for the purposes of harassment.

Per contra, the learned AGA has contended that from the allegations made

in the FIR prima facie offence is made out against the applicants. The

innocence of the applicants cannot be adjudged at the pre trial stage.

Therefore, the applicants do not deserve any indulgence.

From the perusal of the materials on record and looking into the facts of

the case and after considering the arguments made at the bar, it does not

appear that no offence has been made out against the applicants.

At the stage of issuing process the court below is not expected to examine

and assess in detail the material placed on record, only this has to be seen

whether prima facie cognizable offence is disclosed or not. The Apex

Court has also laid down the guidelines where the criminal proceedings

could be interfered and quashed in exercise of its power by the High Court

in the following cases:-(i) R.P. Kapoor Vs. State of Punjab, AIR 1960

S.C. 866, (ii) State of Haryana Vs. Bhajanlal, 1992 SCC (Crl.)426, (iii)

State of Bihar Vs. P.P. Sharma, 1992 SCC (Crl.)192 and (iv) Zandu

Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another,

(Para-10) 2005 SCC (Cri.)283.

From the aforesaid decisions the Apex Court has settled the legal position

for quashing of the proceedings at the initial stage. The test to be applied

by the court is to whether uncontroverted allegation as made prima facie

establishes the offence and the chances of ultimate conviction is bleak and

no useful purpose is likely to be served by allowing criminal proceedings

to be continue. In S.W. Palankattkar & others Vs. State of Bihar, 2002

(44) ACC 168, it has been held by the Hon'ble Apex Court that quashing

of the criminal proceedings is an exception than a rule. The inherent

powers of the High Court under Section 482 Cr.P.C itself envisages three

circumstances under which the inherent jurisdiction may be exercised:-(i)

to give effect an order under the Code; (ii) to prevent abuse of the process

of the court; (iii) to otherwise secure the ends of justice. The power of

High Court is very wide but should be exercised very cautiously to do real

and substantial justice for which the court alone exists.

The High Court would not embark upon an inquiry as it is the function of

the Trial Judge/Court. The interference at the threshold of quashing of the

charge sheet/criminal proceedings in case in hand cannot be said to be

exceptional as it discloses prima facie commission of an offence. In the

result, the prayer for quashing is refused. There is no merit in this

application filed under Section 482 Cr.P.C. The applicants have ample

opportunity to raise all the objections at the appropriate stage.

However, the applicants are directed to appear and surrender before the

court below and apply for bail within three weeks from today, and their

prayer for bail shall be considered expeditiously by the court bel