Court No. - 49
Case :- APPLICATION U/S 482 No. - 8592 of 2021
Applicant :- Ramveer And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavesh Sharma
Counsel for Opposite Party :- G.A.,Vishal Khandelwal
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, Sri A.K. Gupta, Advocate holding brief of Sri Vishal Khandelwal, learned counsel for the O.P. No. 2 and learned A.G.A. for the State and perused the record.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 07.08.2020 passed by Addl. Chief Judicial Magistrate, Court No. 8, Agra in Case No. 269 of 2020 arising out of Case Crime No. 0401 of 2018 U/s 147, 149, 506 and 452 I.P.C., P.S. Kagaraul, District Agra.
Learned counsel for the applicants submitted that applicants have not committed any offence and they have been falsely implicated. There is nothing on record to show that applicants are involved in commission of this offence.
Per-contra, learned A.G.A. opposed the contention of learned counsel for the applicants.
In M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharastra and Others, 2020 SCC Online SC 850, the Hon'ble Apex Court has held:
"iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the rarest of rare case (not to be confused with the formation in the context of death penalty).
v) While examining an FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule."
Following other authorities can be cited on the aforesaid point:
R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604.
This Court cannot embark upon enquiry as to the reliability or genuineness of the statements of witnesses. Thus, these are disputed questions of fact which can be adjudged upon in the trial only.
In view of the above, the prayer for quashing the proceedings is refused.
Learned counsel for the applicants submitted that learned trial court be directed to dispose of the bail application of the applicants in light of the Judgement of this Court passed in Brahm Singh and Others Vs. State of U.P. and 2 Others in Crl. Misc. Writ Petition No. 15699 of 2016.
Learned trial court is expected to abide by the judgement of Brahm Singh and Others Vs. State of U.P. and 2 Others while considering the bail application of the applicants.
With this direction, the present Application is disposed of.
Order Date :- 30.9.2021
A. Mandhani