Allahabad High Court
Ram Dev Shukla And 4 Ors. vs State Of U.P. And Anr. on 11 August, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 33949 of 2018 Applicant :- Ram Dev Shukla And 4 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vinod Kumar Shukla,Ayush Mishra,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.,Raj Kumar Mishra,Satya Dheer Singh Jadaun Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State Sri Raj Kumar Mishra, learned counsel for the opposite party no.2 and perused the material on record.
The present 482 Cr.P.C., application has been filed for quashing the proceedings arising out of Case Crime No.89 of 2018 (State Vs. Ram Dev and others), under Sections 147, 323, 504, 506, 427 I.P.C., Police Station Mugrabadshahpur, District Jaunpur as well as the charge sheet dated 18.4.2018, pending in the Court of Judicial Magistrate-I, Jaunpur.
It is contended by learned counsel for the applicants that the applicant nos.1 and 2 are the old persons aged about 82 and 78 years respectively and are suffering from old age ailments, who are not in a position to move freely. He further submits that the husband of the applicant no.5 is doing service in A.G.U.P., Allahabad as Senior Accountant. It is further submitted that applicant no.2 is working as Account Officer in C.D.A. Pension, Allahabad. It is further submitted that applicant no.3 is working as Librarian in Public Service Commission, Allahabad.Learned counsel further submits that civil suit between the parties are pending consideration. He next submits that proceedings under Section 145/146 Cr.P.C. was also initiated in which, police report was called but nothing has been done so far. It has also been argued that as a counter blast to the same, opposite party no.2 initiated the present proceedings, upon which the Investigating Officer has filed charge sheet in a routine manner, without examining the facts and circumstances of the case and therefore the proceedings are liable to be quashed by this Court.
Per contra, learned counsel for the opposite party no.2 and learned A.G.A. have submitted that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has filed a charge sheet against the applicants, upon which cognizance/summoning order has been passed and therefore, the proceedings have been rightly initiated against the applicants, thus the instant application is liable to be dismissed by this Court.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court 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.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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The reliefs as sought by the applicants is refused.
Interim order, if any, stands vacated.
Accordingly, the instant application is dismissed.
Order Date :- 11.8.2022 S.Ali