Allahabad High Court
Girish Mishra @ Girish Kumar Mishra vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 29 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 5749 of 2022 Applicant :- Girish Mishra @ Girish Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Upadhyay,Bhup Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet dated 12.05.2022 filed under Sections 147, 148, 149, 323, 352, 504, 506, 308 I.P.C. as well as cognizance order dated 18.05.2022 passed by learned Additional Chief Judicial Magistrate V, District Lucknow relating to Case Crime No.0550/2021 registered under Sections 147, 148, 149, 323, 352, 504, 506, 308 I.P.C. at Police Station Ashiyana, District Lucknow till the disposal of present petition.
Learned counsel for the applicant has submitted that the charge-sheet has been filed without there being any evidence whatsoever against the applicant. He has further submitted that there is no evidence whatsoever in support of the charge sheet neither there is any material to frame the charge against the accused nor the proceeding can fruitfully be continued against him. His further submission is that the entire prosecution story as narrated in the FIR is improbable and unbelievable. It has further been submitted by learned counsel for the applicant that pendency of the instant criminal proceedings against the applicant is nothing but an abuse of the process of Court and, therefore, the impugned criminal proceedings be quashed.
Per contra, learned A.G.A. for the State controverts the submissions of learned counsel for applicant on the ground 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 and, therefore, the application is misconceived and liable to be dismissed.
From the perusal of the material on record and looking into the facts of the case at this initial stage, it cannot be said that prima facie no offence is made out against the applicant. 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.
Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard.
The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866, 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 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.
In view of the aforesaid case law, this Court has adverted to the entire record of the case.
The submissions made by the applicants' learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. Therefore, I do not find any justification to quash the proceedings against the applicant as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.
Accordingly, the prayer for quashing the same is refused as I do not see any illegality, impropriety and incorrectness in the proceedings under challenge. There is no abuse of court's process either.
However, it is provided that if the applicant appears before the court below and applies for grant of bail, the court below shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill Vs. Central Bureau of Investigation and others : MANU/SC/1024/2021.
With the aforesaid observations, the instant application is finally disposed of.
Order Date :- 29.8.2022 Mahesh