Allahabad High Court
Ayub Khan vs State Of U.P. And Another on 7 August, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:127166 Court No. - 82 Case :- APPLICATION U/S 482 No. - 23621 of 2024 Applicant :- Ayub Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire criminal proceedings as well as charge sheet no.254/2023 dated 20.09.2023 and cognizance/summoning order dated 05.01.2024, passed by Additional Civil Judge (J.D.), Court No.3, Firozabad against the applicant in Case No.402/2024 (State vs. Ayub Khan & others) arising out of Case Crime No.255 of 2023, under Sections 323, 506 I.P.C., Police Station Rajawali, District Firozabad and to stay the further proceeding of the case.
It is submitted by learned counsel for the applicant that in this case he is innocent and has been falsely implicated by the opposite party. There was dispute relating to land which was owned by the present applicant and he made boundary around the plot regarding which opposite party tried to make possession on his plot that was the reason present F.I.R. was lodged with false allegations. The applicant never broke the boundary wall constructed by the informant and also did not abuse or threaten her in relation thereto. Even during the course of investigation no any boundary was found broken which shows that no any such incident took place but for making pressure on the applicant to grab his plot present F.I.R. has been lodged. Therefore, request to quash the entire proceeding of the case including charge sheet and cognizance order passed by the learned trial court.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case there was dispute relating to a plot between the parties. The land in dispute was surrounded with boundary which was broken by the applicant and also the informant was abused and threatened by him as a result present F.I.R. was lodged. During the course of investigation sufficient material was collected by the I.O. and then charge sheet was filed. The statement of the independent witnesses were also recorded by the I.O. in which it was narrated that there was dispute of land between the parties and both the parties were claiming it to be their own at this the applicant beaten the informant and her husband while threatening her.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the material collected during the course of investigation and the statements of witnesses those were recorded by the I.O., it appears that there is allegation of marpit and threatening to the informant and her husband by the applicant. It cannot be concluded at this stage that no any such incident took place and the statements of the informant and other witnesses are false but it is possible during the course of trial. Therefore, prayer for quashing the entire proceedings of the case cannot be accepted at this stage as a result the same is, hereby, refused.
However, the applicant may have an option to move for discharge before the learned trial court which shall be heard and decided by it on the basis of material collected during investigation, in accordance with law.
Accordingly, this application is disposed of finally.
Order Date :- 7.8.2024 Ashok Gupta