Allahabad High Court
Rohit Prasad Shukla And 2 Others vs State Of U.P. And Another on 25 November, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 41486 of 2019 Applicant :- Rohit Prasad Shukla And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore 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 record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge Sheet dated 20.6.2019, cognizance order dated 13.9.2019 as well as entire criminal proceedings of Case No. 1820 of 2019 (State Vs. Rohit Prasad Shukla and others) arising out of Case Crime No 84 of 2019, under Sections 323, 504, 506, 308 IPC, P.S. Haliya, District- Mirzapur, pending in the court of Addl. Chief Judicial Magistrate-II, Mirzapur.
As per the allegations made in the first information report, it is alleged that on 31.3.2019, the applicants assaulted the victim by lathi, danda and sabbal. On account of assault made by the applicants, Sandeep has suffered injuries on his person and has been medically examined. As per the X-ray report, victim Sandeep has suffered a fracture on left temporal bone.
Learned counsel for the applicants has submitted that the injuries found on the person of the victim are fabricated.
Learned counsel for the applicants has next submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
Moreover, 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 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283.
Moreover, the factum of injuries being fabricated and self inflicted cannot be determined at this stage.
The prayer for quashing the impugned orders as well as entire proceedings is therefore refused.
However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 25.11.2019 KU