Allahabad High Court
Malkhan Singh And 3 Others vs State Of U.P. And Another on 4 August, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:130308 Court No. - 72 Case :- APPLICATION U/S 482 No. - 15502 of 2024 Applicant :- Malkhan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 16.04.2024 as well as entire proceedings of S.T. No.1688 of 2023 (State Vs. Malkhan Singh and Others) arising out of Case Crime No.123 of 2022, under Sections 147, 148, 149, 323, 352, 307 I.P.C., P.S. Swaropnagar, District Kanpur Nagar.
3. It is alleged in the F.I.R. that accused persons assaulted the informant with iron rod with intention to kill him, as a result thereof, injured received grievous injuries.
4. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The Investigating Officer has not collected any material evidence against the applicants. The applicants moved discharge application with prayer that no such type of incident occurred on that day and all material evidence collected by the I.O. is fabricated and the court should not rely on that. The independent witnesses in their statement have stated that on account of business rivalry, applicants have been implicated in the present case. No specific role has been given to the applicants.
5. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that on perusal of F.I.R. and the other material evidence, prima facie, offence is made out against the applicants. The statement of the witnesses and medical examination report collected during investigation by I.O., disclose, prima facie, offence against the applicants The trial court has rightly rejected the discharge application of the applicants. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.
6. Considered the argument raised by counsel for the parties. From perusal of record, prima facie, offence is made out against the applicants and learned Magistrate has considered all the material evidence collected by the I.O. and found material evidence against the applicants to prosecute them in the present case. While considering discharge application, the court has to consider the evidence collected by the I.O. The court should not consider the evidence produced by the accused in their defence. The impugned order dated 16.04.2024 passed by the court below is just and proper. 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.
7. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.
8. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 4.8.2025 Meenu Singh