Allahabad High Court
Kamaluddin And 3 Others vs State Of U.P. And Another on 16 January, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 34420 of 2022 Applicant :- Kamaluddin And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Baranwal Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned criminal proceedings of Case No. 70 of 2020 (State Vs. Kamaluddin and others) arising out of Case Crime No. 27 of 2019 under Sections 323, 504, 506 & 452 IPC, Police Station Shahganj, District Jaunpur, pending in the Court of Upper Civil Judge, J.D. 3rd/Judicial Magistrate Jaunpur.
As per the allegations made in the FIR as well as statement of the witnesses recorded under Section 161 Cr.P.C., it is alleged that on 22.02.2019 at about 5 p.m., the applicants armed with lathi & danda forcibly entered in the house of the victim and started hurling abuses and assaulted the victim and left the place of incident after extending death threats to him. On account of assault made by the applicants, the victims have suffered injuries and have been medically examined.
Learned counsel for the applicants has submitted that the order passed by the Court below is a proforma order and is based on non-application of mind.
Per contra, learned AGA has vehemently opposed the said prayer and has submitted that the police after registration of the FIR has recorded the statement of the witnesses under Section 161 Cr.P.C. and after collecting the cogent and evidence material has concluded the investigation and has submitted a charge-sheet against the applicants.
Learned AGA has further submitted that the learned Magistrate after taking into consideration the allegations made in the FIR, the statement of witnesses recorded under Section 161 Cr.P.C. and material, collected during the course of investigation, has taken cognizance and as such, the impugned order is just, proper and legal and do not call for any interference by this Court at this stage.
Having considered the rival contentions made by learned counsel for the parties and taking into consideration the allegations made in the FIR and the statement recorded under Section 161 Cr.P.C. and the fact that the victims have suffered injuries, who have been medically examined. Learned Magistrate after taking into consideration the entire evidence and material on record as well as the injury report, has summoned the applicants to face trial. The impugned order is just, proper and legal and do not call for any interference by this Court.
Accordingly, this application under Section 482 Cr.P.C. is dismissed.
Order Date :- 16.1.2023 Subham