Allahabad High Court
Rajveer And 7 Others vs State Of U.P. And Another on 25 May, 2022
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 12273 of 2022 Applicant :- Rajveer And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Case Crime No. 344/2020, under Sections 147, 452, 352, 323 IPC, police station Kashganj, district Kashganj pending in the court of Chief Judicial Magistrate, Kashganj as well as for quashing of the cognizance/summoning order dated 25.11.2020 passed in the aforesaid case.
It has been argued by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. It has further been argued that applicants are innocent and that FIR of the impugned case has been lodged by making false and baseless allegations. The Investigating Officer has not conducted investigation properly and that charge-sheet was filed in a routine manner. It was submitted that in fact in the same incident, three persons have sustained injuries from the side of applicants and that a cross-FIR has also been lodged from the side of applicants vide crime no. 0352/2020, under Sections 147, 148, 352, 356, 323, 324 IPC. It was further submitted that prima facie no case is made out against the applicants. Alternatively, it was urged that applicants may be granted an opportunity for moving an application for discharge before the court concerned.
On the other hand, learned A.G.A. has opposed the application and argued that in view of the allegations made in the FIR and material collected during investigation, it cannot be said that no prima facie, case is made out against the applicants.
On perusal of record it appears that the contentions raised by learned counsel for the applicants call for determination on questions of fact, which may be adjudicated upon the trial court and even submissions made on a point of law can also be more appropriately gone into by the trial court. Adjudication of questions of fact and appreciation of evidence does not fall within the arena of jurisdiction under Section 482 Cr.P.C.
In view of aforesaid, the instant application under Section 482 Cr.P.C., is finally disposed off with direction to the court below that in case, applicants move an appropriate application for discharge before the court below within a period of 30 days from today, the same shall be considered and disposed of expeditiously in accordance with law. It is also directed that for a period of 30 days from today and in case, such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the application.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.5.2022 Anand