Court No. - 65
Case :- APPLICATION U/S 482 No. - 17009 of 2019
Applicant :- Suresh And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Anoop Kumar,Subhash Chandra Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings of Case No.284/2016 (State vs. Udai Bhan and others) arising out of NCR No.127/2016, u/s 434, 504, 506 I.P.C., P.S.-Kopaganj, District-Mau.
Heard Shri Satendra Pandey, Advocate holding brief of learned counsel for applicant.
Submission of learned counsel for the applicants is that as the opposite party no.2 was trying to encroach upon the land, the mother of the applicant no.4 has lodged the F.I.R. against the family members of opposite party no.2 and the F.I.R. in the present case has been lodged by the opposite party no.2 as a counterblast against the applicants. Certain other submissions have also been raised but all of them related to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.
The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required.
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 cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard.
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.
A perusal of the F.I.R. shows that in pursuance of the order dated 26.2.2015 passed by the S.D.M. concerned the Revenue authorities conducted the demarcation proceedings on 6.6.2016 and also placed relevant markings over the said land. After the demarcation proceedings, the parties also signed on the proceeding Register. The accused thereafter disturbed the demarcation markings and on being stopped they started abusing the informant. The accused have also taken illegal possession over the land of the first informant. The Investigating Officer after conducting full-fledged and fair investigation on the basis of statement of the witnesses as well as on the basis of perusal of other documents, found that the applicants had committed offence punishable under Sections 434, 504, 506 I.P.C. and therefore, charge sheet under the aforesaid sections has been submitted against them. Learned Magistrate after perusing the documents including the case diary had taken cognizance of the matter.
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.
In view of aforesaid the present application stands dismissed.
Order Date :- 29.4.2019
M. Kumar