Allahabad High Court
Sachin Kumar Verma vs State Of U.P. on 20 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:29246 Court No. - 92 Case :- APPLICATION U/S 482 No. - 1752 of 2024 Applicant :- Sachin Kumar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, Sri H.P. Singh, learned Additional Government Advocate for the State-opposite party no.1 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing the entire criminal proceedings of Special Case No.204 of 2023 (State vs. Sachin Verma) arising out of Case Crime No.352 of 2022, under Sections 18/20 N.D.P.S.Act, Police Station Achhalda, District Auraiya as well as cognizance order dated 13.01.2023 pending in the Court of A.D.J./F.T.C.II, Auraiya, District Auraiya.
3. Facts of the case are that except this case, four other FIRs have been registered against the applicant, first FIR was registered on 04.07.2021, as case crime no.172 of 2021, Police Station Achhalda, District Auraiya, under Sections 420, 500, 501, 504, 506, 110 IPC and Section 66 I.T. Act with the allegation of creating fake facebook ID in the name of Vikas Dubey and making absurd comments, second FIR was lodged as Case Crime No.178 of 2021, Police Station Achhalda, District Auraiya, under Sections 467, 468, 472, 420 IPC with the allegations of making forged arms license, the third FIR was lodged as Case Crime No.179 of 2021, under Section 3/25 of Arms Act, Police Station Achhalda, District Auraiya and fourth FIR was lodged as Case Crime No.132 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act Police Station Achhalda, District Auraiya. In all the abovementioned crimes charge sheets have been filed and the Court has taken cognizance against the applicant. Thereafter, fifth FIR was lodged against the applicant as Case Crime No.352 of 2022, under Sections 18/20 N.D.P.S.Act, Police Station Achhalda, District Auraiya in which after investigation charge sheet has been filed and the Court has taken cognizance on 13.01.2023, which is under challenge in the instant application.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case because the applicant had filed an application under Section 156(3) Cr.P.C. against the police personnel. He further submits that applicant has never committed any offence as alleged against him. Further submission is that no offence against the applicant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicant.
4. Per contra, learned A.G.A. has vehemently opposed the application and contended that the applicant is a habitual offender and except this case four criminal cases are already pending against. It is further submitted that the Court below has rightly taken cognizance against the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings.
5. From the perusal of 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 applicant. All the submissions made at the bar relates to the disputed question 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.
6. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-
"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
7. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.
8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgements mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicant. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.
9. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.
Order Date :- 20.2.2024 S.P.