Case :- APPLICATION U/S 482 No. - 9436 of 2021
Applicant :- Yudhvir
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Shiv Sagar Singh
Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, 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 charge sheet no. 98/2019 dated 11.05.2019, arising out of F.I.R. bearing Case Crime No. 0076 of 2019 dated 23.02.2019 registered at P.S. Ecotech-III, District Gautam Budh Nagar under Sections 307, 342, 353, 435, 395, 509, 34, 225, 216, 332 I.P.C. read with Section 3(2) (Va) under S.C./S.T. Act, as well as consequential proceedings thereupon in pursuance thereof, with a further prayer to stay further proceeding in the aforesaid case.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated. It is admitted fact that the complainant and his officers visited to the residential house of the applicant at 07:00AM on 23.02.2019 to serve the notice under Section 41-A Cr.P.C. to one Sunil Dutt, ASI, CBI was in utter violation of orders of opposite party no. 3 Yasir Arfat as address on the notice was of Kavi Nagar, Ghaziabad. Entering into house of a reputed and dignified villager in the wee hours in the morning and that too without any notice amounts to trespass. The applicant is an independent person who is living in his village which is separate from residential address of Sri Sunil Dutt who is staying in Kavi Nagar, Ghaziabad and the distance from the house of applicant to Kavi Nagar is 23KMs. There is no cogent/rational found in the false and fabricated F.I.R. of the complainant which deserves quashing, hence this petition.
Per contra, learned A.G.A. vehemently opposed the prayer and submitted that the applicant along with other co-accused persons created obstruction in discharge of official duty of the C.B.I. They beaten the police personnel, burnt the diary and pen drive of the police party.
Perusal of the record reveals that the F.I.R. was lodged by other persons in P.S. Ecotech-III, District Gautam Budh Nagar at Crime No. 76 of 2019 on 23.12.2019. There are allegations of beating, obstruction in discharge of official duty, burning of diary and pen drive. After lodgement of the F.I.R., police investigated the matter, recorded the statements of witnesses under Section 161 Cr.P.C., collected evidence and thereafter submitted the charge sheet against the applicant.
In M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharastra and others, 2020 SCC Online SC 850, the Hon'ble Apex Court has held as under:
"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;
Digitally signed by ANIL KUMAR OJHA Date: 2021.09.28 17:10:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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.
The Hon'ble Apex Court has held that the Court cannot embark upon enquiry as to the truthfulness or reliability or genuineness or otherwise of the allegations made in the F.I.R./complaint.
Whether incident alleged in the F.I.R. and thereupon evidence collected by the I.O. are true, genuine or false cannot be adjudged by this Court in proceedings under Section 482 Cr.P.C.
The argument raised by the learned counsel for the applicant relate to disputed question of facts which cannot be adjudicated upon in proceedings under Section 482 Cr.P.C.
In view of the above, the prayer for quashing the proceedings is refused.
Accordingly, this Application U/s 482 Cr.P.C. is dismissed.
Order Date :- 27.9.2021 VPS