Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 2708 (ALL)

Ashok Kumar v. State of U. P.

2015-09-02

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application, under Section 482 Cr.P.C., has been filed seeking quashing of the charge sheet dated 22.05.2013 as well as the consequential summoning order dated 27.01.2014 passed by the Judicial Magistrate, Chhata, Mathura in Case Crime No.121 of 2013, under Sections 379, 435, 352, 506, 323, 324 IPC, P.S. Chhata, District Mathura. The applicant has also prayed for quashing of the consequential proceeding of Criminal Case No.232/IX of 2014 pending in the court of Judicial Magistrate, Chhata, Mathura. 3. A perusal of the record would go to show that according to the allegations the informant had four acres share over plot No.1114/1 having an area of 8.170 hectare. The allegation is to the effect that, on 11.04.2010, in the night at about 9 PM, the accused including the applicant came armed with various weapons and cut away the standing sugarcane crop of the informant and took it away on tractor trolleys. The remaining sugarcane crop was set on fire. The prosecution case was supported by the evidence collected during investigation and the police laid charge sheet against the applicant. 4. The submission of the learned counsel for the applicant is that the mother of the informant had executed a sale deed in respect of the plot in question in favour of the applicant whereas the informant raised objection in the mutation proceeding but without success, therefore, false allegations have been levelled. 5. From the record it appears that the sale deed, which was executed by the mother of the informant, was of a limited area of the concerned plot and it appears from the first information report that the informant has lodged it in respect of his own share. 6. Even otherwise, whether the allegations are true or false cannot be ascertained in proceeding under Section 482 Cr.P.C. At this stage, the court is required to consider whether the allegations do make out a prima facie case against the accused or not and on the basis of allegations made and the material collected during investigation. 7. 6. Even otherwise, whether the allegations are true or false cannot be ascertained in proceeding under Section 482 Cr.P.C. At this stage, the court is required to consider whether the allegations do make out a prima facie case against the accused or not and on the basis of allegations made and the material collected during investigation. 7. In the instant case, since the allegations do make out a prima facie case to proceed against the applicant and the material collected during investigation supports the prosecution case, the defence raised by the learned counsel for the applicant cannot be considered at this stage so as to quash the proceeding. 8. In view of the above, the prayer of the applicant to quash the proceeding cannot be accepted. The application is dismissed.