Allahabad High Court
Balram Singh vs State Of U.P. And Another on 1 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:17834 Court No. - 92 Case :- APPLICATION U/S 482 No. - 2119 of 2024 Applicant :- Balram Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Pandey,Satyendra Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Rohit Pandey, learned counsel for the applicant, Sri Shashi Dhar Pandey, learned Additional Government Advocate for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing the charge-sheet dated 28-05-2022 and cognizance/summoning order dated 07-11-2023 as well as entire proceedings of Case No. 4332 of 2023 (State Vs. Lokman Singh and Others), arising out of case crime no. 155 of 2022, under Sections 419, 420, 467, 468, 471, 120-B and 34 IPC and Section 3/9, 4,5,6,7,8 and 10 of U.P. Public Examination (Prevention of Unfair Means Act), 1980, P.S. Thakurdwara, district Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad.
3. Learned counsel for the applicant submits that in the instant case the applicant is the President of B.S. Degree College, Moradabad. The District Inspector of Schools on 06-04-2022 raided the school and found that there was mass copying happening. 15 people were solving the questions of Board Examination. Thereafter, an F.I.R. was lodged under Sections 419, 420, 467, 468, 471, 120-B and 34 IPC and Section 3/9, 4,5,6,7,8 and 10 of U.P. Public Examination (Prevention of Unfair Means Act), 1980. This case was transferred to S.I.T. who after detailed investigation has filed a charge-sheet. Thereafter summons were issued on 07-11-2023. He further submits that he is Principal in some other college and he was not there. None of the independent witnesses have taken the name of the applicant and he has wrongly been implicated in the instant case. The applicant has filed the instant application for quashing of the charge-sheet and summoning order.
4. Per contra, learned A.G.A. Sri Shashi Dhar Pandey submits that there was a mass copying happening. It was such a serious offence that the matter was referred to S.I.T. and after carrying out a detailed investigation the S.I.T. submitted a charge-sheet and the Court below has rightly summoned, therefore, no interference is required by this Court in the impugned order as well as the on going proceedings.
5. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant(s). 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 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.
6. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-
"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
7. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.
8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicant(s). It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.
9. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.
Order Date :- 1.2.2024 pks