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Suraj Shukla & Ors. vs State Of U.P. & Anr.

High Court Of Judicature at Allahabad|18 August, 2021

JUDGMENT / ORDER

1. This petition under Section 482 of The Code of Criminal Procedure, 1973 (in short "Cr.P.C.") has been filed by the petitioners to quash the charge sheet and entire proceedings in Criminal Case No. 15672/2016 in Crime No. 236/2015, under Sections 498A, 504, 506 of The Indian Penal Code, 1860 (in short "I.P.C.") and Section 3/4 Dowry Prohibition Act, 1961 (in short "D.P. Act"), Police Station Krishna Nagar, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate-VI, Lucknow.
2. Heard Sri Abdul Samad, learned counsel for the petitioners, Sri Jaibind Singh Rathour, learned counsel for the opposite party no. 2 and Sri Dhananjay Kumar, learned Additional Government Advocate for the State respondent.
3. Learned counsel for the petitioners submitted that the petitioners/accused persons have falsely been implicated in the crime. The police has completed investigation in a routine manner and has filed charge sheet against all the family members of the petitioners. The trial Court took cognizance on the basis of the charge sheet without perusing the statement and evidence available on record without giving any cogent reasons.
4. On the other hand, learned A.G.A. as well as learned counsel for the opposite party no. 2 submitted that after investigation, charge sheet was submitted against the petitioners on the basis of sufficient prima facie evidence against them and the Court took cognizance on the basis of that material. The F.I.R. discloses the cognizance offence and the Investigating Officer after collecting the evidence submitted charge sheet, so there is no illegality or irregularity in the order of taking cognizance by the Magistrate concerned, hence this petition should be dismissed.
5. After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, I am of the opinion that the impugned FIR discloses cognizable offence against the petitioners and the concerned Magistrate has passed the order of taking cognizance being satisfied after perusal of the case diary and other material submitted along with that, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India to quash the charge sheet and entire proceedings of the aforesaid criminal case or for grant of any interim relief to the petitioners.
6. The petition lacks merit and is, accordingly, dismissed.
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Title

Suraj Shukla & Ors. vs State Of U.P. & Anr.

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 August, 2021
Judges
  • Saroj Yadav