Court No. - 21
Case :- APPLICATION U/S 482 No. - 32801 of 2018
Applicant :- Chintu
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Dileep Kumar Pandey,Sudhir Kumar Rai
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet no. 270 dated 01.09.2017 as well as non bailable warrant dated 29.08.2016 issued in Case No. 230 of 2017 (StateVs. Chintu) arising out of case crime no. 315 of 2017, under sections 452, 376 IPC and 3/4 POCSO Act, P.S. Jewar, District Gautambudh Nagar, pending in the court of First Additional Session Judge, Gautambudh Nagar.
All the contentions raised in this application by the applicant relates to disputed questions of fact. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.
Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The Hon'ble Supreme Court has given the board principles which emerge from the precedents on the subject in its judgement in the case of Prabathbai Aahir @ Prabatbhai vs. State of Gujrat (2017) 9 SCC 641.
The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.
Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.
The submissions made by the applicants' learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the F.I.R. and the material collected by the Investigating Officer on the basis of which the charge sheet has been submitted makes out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the charge sheet or the proceedings against the applicants arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.
The prayer for quashing the same is refused as I do not see any abuse of the court's process either.
Accordingly, the present application is dismissed. Order Date :- 18.9.2018 Prajapati