Court No. - 38
Case :- APPLICATION U/S 482 No. - 16355 of 2019 Applicant :- Pawan Rai Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This application has been filed under Seciton 482 Cr.P.C. to quash the charge-sheet dated 24.1.2019, cognizance dated 18.3.2019 in Criminal Case No. 1159 of 2019 (State vs. Sagar and others) arising out of Case Crime No. 305 of 2018, under Sections 457, 511 IPC., Police Station Mahuli, District Sant Kabir Nagar pending in the court of Additional Civil Judge (S.D.) / A.C.J.M., Sant Kabir Nagar.
Heard Sri Shashi Kant Rai, learned counsel for the applicant and learned AGA for the State are present and peruse the record.
Learned counsel for the applicants has submitted that the accused-applicant is innocent in nature and has falsely been implicated in this case. No criminal case made out against the applicant. A false charge-sheet has been submitted against the applicant under Section 457, 511 IPC. The order passed by the A.C.J.M. is wholly illegal and against the provision of law. The entire proceedings is against the provision of law and also abuses the process of law.
Learned AGA has vehemently opposed the prayer made by the learned counsel for the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Gujarat 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.
The brief facts of the case is that as per First Information Report, applicant and two other persons were making attempt to trespass in the house of opposite party no. 2 at the midnight. One of the accused was arrested from the place of occurrence whereas other co-accused and applicant managed to escape.
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 offence is made out against the applicant. All the submissions made by the learned counsel for the applicant relates to disputed question of fact which cannot be adjudicated 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 dated 24.1.2019, cognizance dated 18.3.2019 in Criminal Case No. 1159 of 2019 (State vs. Sagar and others), Police Station Mahuli, District Sant Kabir Nagar is hereby refused.
However, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and apply 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 Saurabh