Neutral Citation No. - 2024:AHC-LKO:42279
Court No. - 27
Case :- APPLICATION U/S 482 No. - 5212 of 2024
Applicant :- Sagar Upadhyay
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
And 2 Others
Counsel for Applicant :- Divya Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Ms. Divya Tripathi, learned counsel for the applicant as
well as Ms. Ankita Tripathi, learned A.G.A. for the State and
perused the record.
The instant Application under Section 482 Cr.P.C. has been
moved by the applicant with a prayer to quash the impugned
charge sheet dated 09.06.2022 and entire proceeding of Case
Crime No.102/2022, under Section 406, 504 and 506 I.P.C.,
Police Station-Vibhuti Khand, District-Lucknow pending in the
court of learned Additional Chief Judicial Magistrate-II,
Lucknow and impugned Non Bailable Warrant order dated
29.02.2024 passed by learned Additional Chief Judicial
Magistrate-II, Lucknow.
Learned counsel for the applicant submits that the applicant is a
reputed person in the society and he has been falsely implicated
in the present case due to rivalry. He further submits that the
impugned proceedings pending before the learned trial court are
totally arbitrary and illegal and the same have been instituted
without considering the material evidence available on record.
Thus, he submits that entire criminal proceedings initiated
against the applicant may be quashed.
Learned counsel for the applicant also prays for permission to
appear through counsel before the concerned trial court within a
period of three weeks from today and move an application
claiming discharge on behalf of the applicant and this Court
may direct the trial court to decide the application so moved by
the applicant.
Learned A.G.A. has disputed the aforesaid contentions made by
learned counsel for the applicant but he has not opposed the
request made by learned counsel for the applicant to move a
discharge application before the trial court through counsel.
All the contentions raised by the applicant's counsel relate 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 learned counsel. The
veracity and credibility of material furnished on behalf of the
prosecution has been questioned and false implication has been
pleaded. In the process of invoking its inherent jurisdiction, this
court cannot be persuaded to have a pre trial before the actual
trial begins. The submissions made by the 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.
The quashing of the charge sheet and the entire proceedings can
also be done only if it does not disclose any offence or if there
is any legal bar which prohibits the proceedings on its basis.
The Apex Court decisions in the case of R.P. Kapur Vs. State
of Punjab AIR 1960 SC 866, State of Haryana Vs. Bhajan
Lal 1992 SCC(Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992
SCC (Cri.) 192 and also in Zandu Pharmaceutical Works
Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005
SCC (Cri.) 283 make the position of law in this regard clear.
In the absence of any of the grounds recognized by the Apex
Court which might justify the quashing of charge
sheet/summoning order/impugned proceedings, the prayer for
quashing the same is refused as I do not see any abuse of the
courts process either. The trial court has been vested with
sufficient powers to discharge the accused even before the stage
to frame the charges comes, if for reasons to be recorded it
considers the charge to be groundless.
As requested by learned counsel for the applicant, the
permission to appear through counsel before the concerned trial
court within a period of three weeks from today and move an
application claiming discharge on behalf of whom this
application under Section 482 Cr.P.C. has been moved, is
granted. The concerned trial court shall after hearing the
counsel decide the application on merits in accordance with law
within a period which shall not exceed a period of two months
from today.
With the above observations, this application under Section 482
Cr.P.C. stands disposed of.
Order Date :- 31.5.2024
Piyush/-
Digitally signed by :-
PIYUSH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench