Allahabad High Court
Madan Sharma And 5 Others vs State Of U.P. And Another on 5 July, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 9307 of 2021 Applicant :- Madan Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. None for the applicants though VC link was sent to Sri Amit Kumar Singh, learned counsel for the applicants. Sri Janardan Prakash, learned AGA for the state.
2. File perused with the help of learned AGA.
3. This application has been filed for quashing of the entire proceeding of Criminal Case NO. 295 of 2020 (State Vs. Nehru Sharma and others) arising out of Case Crime No. 227 of 2019, under sections 147, 452, 323, 594, 506 IPC, police station - Dhanghata, District Sant Kabir Nagar including charge sheet dated 5.7.2019 as well as cognizance order dated 17.01.2020 passed by learned Civil Judge (S.D.), FTC, Sant Kabir Nagar.
4. Learned AGA for the State submits that there is no material on record to show that applicants have been falsely implicated. No ground is made out to quash the FIR, charge sheet and the cognizance order. Law laid down in case of State of Haryana and others Vs. Bhajan Lal and others, 1992 Supplementary (1) SCC 335, is crystal clear.
5. After hearing learned AGA for the State and going through the available record, in my opinion, no case for quashing the impugned charge sheet dated 5.7.2019 as well as cognizance order dated 17.1.2020 are made out. In case of International Advanced Research Centre For Powder Matallurgy and New Materials (ARCI) and others Vs. Nimra Cerglass Technics Private Limited and another, (2016) 1 SCC 348, it is held that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is, as to whether uncontroverted allegations as made in the complaint establish the offence.
6. After hearing learned AGA for the State and going through the available record, in my opinion, when the test prescribed in case of ARCI (Supra) is applied then no case for quashing the impugned charge sheet dated 5.7.2019 as well as cognizance order dated 17.1.2020 is made out. Contents of the FIR, prima facie are corroborated by the injury report of Subhkaran, Ram Bujh Sharma and Durga. Therefore, court below has not committed any error or illegality in taking cognizance in the matter. Culpability or otherwise of the accused will be judged as per evidence recorded before the court of law. At this stage no ground is made out for quashing of either criminal case or the charge sheet or the cognizance order. Therefore, the application fails and is dismissed.
Order Date :- 5.7.2021 S.K.S.