Allahabad High Court
Gaurav And 5 Others vs State Of U.P. And Another on 2 September, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:141437 Court No. - 77 Case :- APPLICATION U/S 482 No. - 16854 of 2024 Applicant :- Gaurav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Revti Rama Patel, Advocate, holding brief of Mr. Lavkush Kumar Bhatt, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
Applicant- Gaurav who are charge-sheet accused and five others have approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:
"It is, therefore, most respectfully prayed that this Hon ble court may graciously be pleased to allow the present application and quash the impugned chargesheet dated 15.04.2022 and the summoning order dated 17.09.2022 passed by the Judicial Magistrate, Sadar, Farrukhabad in Case No. 1433 of 2022 (State of U.P. Vs. Gaurav and others) whereby the learned Judicial Magistrate, Sadar, Farrukhabad, has summoned the applicants for the offence under Sections 147, 323, 452, 506, 325 I.P.C., Police Station Jahanganj, District Farrukhabad as well as the entire proceedings of Case No. 1433 of 2022 (State of U.P. Vs. Gaurav and others) -00 the offence under Sections 147, 323, 452, 506, 325 I.P.C., C.C. No. 0038 of 2022 Police Station Jahanganj, District Farrukhabad, pending in the court of Judicial Magistrate, Sadar, Farrukhabad.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Case No. 1433 of 2022 (State of U.P. Vs. Gaurav and others) for the offence under Sections 147, 323, 452, 506, 325 I.P.C., C.C. NO. 0038 of 2022. Police Station Jahanganj, District Farrukhabad, pending in the court of Judicial Magistrate, Sadar, Farrukhabad, during the pendency of the aforesaid application before this Hon'ble Court otherwise, the applicants shall suffer an irreparable loss and injury."
At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that there are as many as four injured witnesses. One of the injured Manorma Devi sustained fracture in her hand, as is explicit from X-ray report. On the above premise, the learned A.G.A. submits that occurrence is proved. It is then contended by the learned A.G.A. that where the defence disputes the injuries sustained by injured then the burden shifts upon the accused to prove as to in what manner the injured sustained injuries. Since the aforesaid burden has not been discharged, therefore, occurrence shall be deemed to be admitted to applicants. In view of the injury reports of the injured, copies of which have been brought on record as Annexures- 6,7,8 and 9 to the affidavit filed in support of present application, neither any illegality can be attached to the police report submitted by the Investigating Officer or the Cognizance Taking Order/Summoning Order passed by Court below. As such, present application is liable to be dismissed.
When confronted with above, the learned counsel for applicant could not overcome the same.
Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application could not be dislodged by the learned counsel for applicant, with reference to the record at this stage.
In view of above, this application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 2.9.2024 Arshad