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Smt. Akbari Begum And Others vs The State Of U.P And Another on 18 July, 2019



Court No. – 28

Case :- U/S 482/378/407 No. – 1055 of 2011

Applicant :- Smt. Akbari Begum And Others

Opposite Party :- The State Of U.P And Another

Counsel for Applicant :- Jagrit Sharma

Counsel for Opposite Party :- Govt. Advocate,C M H Hasmi,Ganesh Gupta

Hon’ble Chandra Dhari Singh,J.

Case called out in revised list but none responds on behalf of petitioners to press the instant petition.

Since the matter pertains to the year 2010, this Court has left no option except to decide the matter on merit with the assistant of learned Counsel appearing on behalf of the State.

The instant petition under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Case No.12964 of 2010 (State Vs. Mohd. Jafar and others) arising out of Case Crime No.60 of 2008, under Sectionsections 498A, Section323, Section504, Section506, Section313, Section342, Section494, Section308 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow and the Charge-sheet No.36A of 2009 dated 16.04.2010 filed in the aforesaid case.

The grounds taken by the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Certain documents and statements in support of their case have been filed.

From the perusal of the pleadings, it appears that all the grounds raised by the petitioners relates to disputed questions of fact. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.

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 Hon’ble Supreme Court has given the board principles which emerge from the precedents on the subject in its judgement in the case of Prabathbai Aahir @ Prabatbhai vs. State of Gujrat (2017) 9 SCC 641.

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 SectionCr.P.C. or SectionArticle-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.

The grounds taken by the petitioners 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 charge-sheet and the entire proceedings are refused as I do not see any abuse of the court’s process either.

Accordingly, the present application is dismissed.

Office is directed to send a copy of this order to the court concerned.

Order Date :- 18.7.2019




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