Neutral Citation No. - 2024:AHC-LKO:26323
Court No. - 16
Case :- APPLICATION U/S 482 No. - 2873 of 2024
Applicant :- Salamuddin Alias Islamuddin
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And
Another
Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Shiv Pal Singh, learned counsel for the applicant as
well as the learned AGA for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed
by the applicant, namely, Salamuddin alias Islamuddin, with a
prayer to quash the Non Bailable Warrant order dated 22.2.2024
passed by the Court of learned Judicial Magistrate-I, Bahraich,
in Case No. 3714 of 2020, State v. Jahiruddin & ors., arising out
of Chargesheet No. A31/2020 dated 29.01.2020 in Case Crime
No. 0024/2020, under Sections 323, 504, 325 I.P.C., Police
Station Risia, District Bahraich.
The contention of the learned counsel for the applicant is that
no offence against the applicant is disclosed and the present
prosecution has been instituted with a mala fide intention for
the purposes of harassment.
Per contra, the learned A.G.A. has contended that from the
allegations made in the FIR prima facie offence is made out
against the applicant. The innocence of the applicant cannot be
adjudged at the pre-trial stage. Therefore, the applicant does not
deserve any indulgence.
From the perusal of the materials on record and looking into the
facts of the case and after considering the arguments made at
the bar, prima facie it does not appear that no offence has been
made out against the applicant.
At the stage of issuing process the court below is not expected
to examine and assess in detail the material placed on record,
only this has to be seen whether prima facie cognizable offence
is disclosed or not. The Apex Court has also laid down the
guidelines where the criminal proceedings could be interfered
and quashed in exercise of its power by the High Court in the
following cases:-(i) R.P. Kapoor Vs. State of Punjab, AIR
1960 S.C. 866, (ii) State of Haryana Vs. Bhajanlal, 1992
SCC (Crl.)426, (iii) State of Bihar Vs. P.P. Sharma, 1992
SCC (Crl.)192 and (iv) Zandu Pharmaceutical Works Ltd.
Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC
(Cri.)283.
From the aforesaid decisions the Apex Court has settled the
legal position for quashing of the proceedings at the initial
stage. The test to be applied by the court is to whether
uncontroverted allegation as made prima facie establishes the
offence and the chances of ultimate conviction is bleak and no
useful purpose is likely to be served by allowing criminal
proceedings to be continued. In S.W. Palankattkar & others
Vs. State of Bihar, 2002 (44) ACC 168, it has been held by the
Hon'ble Apex Court that quashing of the criminal proceedings
is an exception than a rule. The inherent powers of the High
Court under Section 482 Cr.P.C itself envisages three
circumstances under which the inherent jurisdiction may be
exercised:-(i) to give effect an order under the Code, (ii) to
prevent abuse of the process of the court; (iii) to otherwise
secure the ends of justice. The power of High Court is very
wide but should be exercised very cautiously to do real and
substantial justice for which the court alone exists.
The High Court would not embark upon an inquiry as it is the
function of the Trial Judge/Court. The interference at the
threshold of quashing of non-bailable warrant/ criminal
proceedings in case in hand cannot be said to be exceptional as
it discloses prima facie commission of an offence. In the result,
the prayer for quashing of non-bailable warrant is refused.
There is no merit in this case. The applicant has ample
opportunity to raise all the objections at the appropriate stage.
With the aforesaid observations, this application stands
disposed of, however, the applicant is directed to appear and
surrender before the court below and apply for bail within 6
weeks from today, and his prayer for bail shall be considered
expeditiously in accordance with law and as per law after
hearing the Public Prosecutor.
(Shamim Ahmed, J.)
Order Date :- 29.3.2024
A.Nigam
Digitally signed by :-
ANUJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench