Court No. - 80
Case :- APPLICATION U/S 482 No. - 14647 of 2021 Applicant :- Sachin And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the Charge- Sheet dated 23.09.2020 and entire proceedings of Criminal Case No. 13386 of 2021 (State Vs. Sachin and others), arising out of Case Crime No. 148 of 2020, under Sections 147, 323, 504, 452, 506, 427, 188 I.P.C., Section 3 of The Epidemic Act and Section 51 of The Disaster Management Act, Police Station Itwa, District Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar.
As per the allegations made in the FIR, it is alleged that on 31.07.2020 at about 9:00 AM, the applicants armed with lathi, danda and knife forcibly entered in the house of the victim and started hurling abuses and assaulted him by lathi, danda. On account of assault made by the applicants, victim Ram Shankar Maurya suffered as many as five injuries on his person and has been medically examined.
Learned counsel for the applicants has submitted that applicant has filed a complaint against the opposite party no.2, in which, he has been summoned, as such, in the backdrop of the said complaint, present proceedings stands vitiated against the applicants, being in counterblast.
Learned counsel for the applicants has submitted that from perusal of the allegations made in the FIR and material collected during the course of investigation, no offence is disclosed against the applicants and the present case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention, as such, entire proceedings be quashed.
Learned AGA has submitted that from perusal of the allegations made in the FIR and material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
From perusal of the 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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge-sheet and entire proceedings is refused.
This application under Section 482 CrPC is devoid of merit and is accordingly dismissed.
Order Date :- 20.12.2021 Nadim