Court No. - 38
Case :- APPLICATION U/S 482 No. - 16372 of 2019 Applicant :- Amit And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed u/s 482 with a prayer to quash the charge sheet dated 20.10.2018 and cognizance order dated 28.11.2018 of Session Trial No. 34 of 2018 arising out of Case Crime No. 656 of 2018 u/s 147, 148, 149, 323, 452, 506 IPC, P.S. Nai Mandi, Distt. Muzaffar Nagar.
Heard Sri Sunil Kumar Tiwari, learned counsel for the applicants, the learned A.G.A. for the State and perused the material on record.
It is submitted by the learned counsel that the applicants are innocent and have been falsely implicated in the present case. This case is counter blast of a Case Crime no. 727 of 2018 u/s 147, 376, 323, 504, 506 IPC, lodged by the sister of applicant against son of complainant. The learned Judge has taken cognizance of the case without applying his judicial mind.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has submitted that at this stage, the truthfulness or falsehood of the case cannot be adjudged.
Hon'ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana & Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335 and Parabatbhai Ahir & Ors. Vs. State of Gujrat AIR 2017 SC 4843, after discussing the nature and scope of power of High Court U/s 482 of Code of Criminal Procedure (code), has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicant under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or u/S 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.
In this case O.P. no. 2 has lodged an FIR on 1.8.2018 with allegation that applicants committed marpeet and misbehaved with her daughter namely Visanta. During investigation I.O. has recorded the statement of the informant and her daughter u/s 161 CrPC wherein they have supported the prosecution story. After medical examination statement of victim Vishanta was recorded u/s 164 CrPC. After investigation, charge sheet was submitted against the applicants whereupon the learned court below took congnizance in a routine manner and summoned the applicants.
From perusal of the material on record and looking into the facts and circumstances of the case, it cannot be said at this stage that no cognizable offence is made out against the applicants. All the submissions made by the learned counsel for the applicants relate to disputed question of fact which cannot be adjudged at this stage. At this stage, only prima-facie case is to be seen in the light of law laid down by the Apex Court in above mentioned cases. Accordingly, in view of the above the prayer for quashing the charge sheet and cognizance order is refused.
However, it is provided that if the applicants appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 25.4.2019 Vandana