SUNIL KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 44084 of 2023

Sunil Kumar And 2 Others
                                                             .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                :   Prabhat Chandra Mishra
Counsel for Opposite Party(s)           :   G.A.

Court No. - 76
                       HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Prabhat Chandra Mishra, learned counsel for the applicants,
Sri Devendra Nath Mishra, learned counsel for the State and perused the
record.

3. Notice was issued to the opposite party no. 2 vide order dated
02.12.2023. Office vide its report dated 15.2.2024 has reported that notice
has been served personally upon the opposite party no. 2. Office has
placed on record a report dated 8.1.2024 of C.J.M., Etawah to the said
effect. Along with the said report a report dated 6.1.2024 of Police Station
Bakewar, District Etawah has been enclosed which has also been perused.
Despite service on the opposite party no. 2, neither the opposite party no.
2 is present before the Court nor there is any representation on his behalf
even in the revised list.

4. This application under Section 482 Cr.P.C. has been filed by the
applicants- Sunil Kumar, Aman@Bholu and Rakesh Singh with the
following prayers:-

"It is, therefore, Most Respectfully prayed that, this Hon'ble Court may
graciously be pleased to allow the instant application under Section 482
Cr.P.C. and quash the entire proceedings of Special Case No.35 of 2023
(Tridev Singh Advocate Vs. Sunil Kumar and others), Under Sections-
392 I.P.C., Police Station Friends Colony, District- Etawah, pending in
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the Court of Special Judge (D.A.A)/Additional District Judge, Court
No.7, District- Etawah, as well as summoning order dated 02.08.2023
passed by the Special Judge (D.A.A)/Additional Sessions Judge, Court
No.5, District- Etawah, may also be quashed, otherwise the Applicant
shall suffer irreparable loss and injury which cannot be compensated in
any terms.

It is further prayed that this Hon'ble Court may graciously be pleased to
stay the further proceedings of Special Case No.35 of 2023 (Tridev Singh
Advocate Vs. Sunil Kumar and others), Under Sections- 392 I.P.C.,
Police Station Friends Colony, District- Etawah, pending in the Court of
Special Judge (D.A.A) /Additional District Judge, Court No.7, District-
Etawah, as well as summoning order dated 02.08.2023 passed by the
Special Judge (D.A.A)/Additional Sessions Judge, Court No.5, District-
Etawah., may also be quashed, otherwise the Applicant shall suffer
irreparable loss and injury which cannot be compensated in any terms."

5. Learned counsel for the applicants submits that the applicant no.1 Sunil
Kumar has died and thus the present application be dismissed as not
pressed with regards to him. The prayer is allowed.

6. Accordingly, the present application is dismissed as not pressed.

7. Interim order, if any, shall stand vacated.

8. The present application stands for the applicant no.2/Aman @ Bhulu
and no. 3/Rakesh Singh only.

9. The matter was initially taken up on 02.12.2023 and the following
order was passed by a co-ordinate Bench of this Court:-

"Learned counsel, inter-alia contends that a land dispute between applicant no. 1-Sunil Kumar and brother
of the complainant- Tridev Singh Yadav, Advocate is pending before the civil court, and on 10.2.2023

when applicant no. 3-Rakesh Kumar had gone to the court as a witness, he was given beatings by

complainant- Tridev Singh along with others, and in this regard on the same day a complaint was given to

the S.H.O. but no action was taken upon the same. He submits that thereafter the complainant got

implicated the applicants in a false case crime no. 45 of 2023, revealing that an occurrence which had

taken place on 10.2.2023, the applicants committed the offences punishable under Section 307 I.P.C., but

after investigation the same was found to be false and chargesheet was submitted for the offence
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punishable under sections 323 and 506 I.P.C, wherein the applicants are on bail.

Learned counsel for the applicants has drawn the attention of the Court to the complaint dated 15.3.2023

bearing Special Case No. 35 of 2023 to contend that again the complainant has levelled false allegations

against the applicants and the report of the S.H.O. dated 27.3.2023 (Annexure-4) mentioned that no such

occurrence as alleged has taken place, and despite, that the court has issued the process against the

applicants, vide order dated 2.8.2023, which is nothing, but abuse of process of law.

Matter requires consideration.

Issue notice to opposite party no.2 returnable on 14.02.2024.

Meanwhile, further proceedings pursuant to the Special Case No. 35 of 2023, titled Tridev Singh,

Advocate vs. Sunil Kumar and others), under Section 392 I.P.C., P.S. Friends Colony, district- Etawah

shall remain stayed. "


10. Learned counsel for the applicants submits that a land dispute between
Sunil Kumar (since deceased) and brother of the complainant- Tridev
Singh Yadav, Advocate is pending before the civil court. It is submitted
that on 10.2.2023 when applicant no. 3-Rakesh Kumar had gone to the
court as a witness, he was given beating by complainant- Tridev Singh
along with others, and in this regard on the same day a complaint was
given to the S.H.O. but no action was taken upon the same. It is submitted
that thereafter the complainant got implicated the applicants in a false
Case Crime No. 45 of 2023, revealing that an occurrence which had taken
place on 10.2.2023, the applicants committed offences punishable under
Section 307 I.P.C., but after investigation the same was found to be false
and chargesheet was submitted for the offence punishable under sections
323 and 506 I.P.C. only, wherein the applicants are on bail. Learned
counsel has drawn the attention of the Court to the complaint dated
15.3.2023 bearing Special Case No. 35 of 2023 to submit that again the
complainant has levelled false allegations against the applicants and the
report of the S.H.O. dated 27.3.2023 (Annexure-4) mentioned that no
such occurrence as alleged has taken place, and despite, that the court has
issued the process against the applicants, vide order dated 2.8.2023, which
is nothing, but abuse of process of law. It is submitted while placing para-
34 of the affidavit that the applicants have no criminal history. Further
while placing para-35 of the affidavit it is submitted that the present case
is a case of no injury. It is submitted that while placing para-39 of the
affidavit that the applicant no. 2 Aman@Bholu is preparing for
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competitive examination and the applicant no. 3 Rakesh Singh is a
registered businessman. Learned counsel has relied upon para-102 of the
judgement of the Apex Court in the case of State of Haryana and Others Vs.
Bhajan Lal and Others: 1992 Suppl (1) SCC 335 and has submitted that one of
the categories being category no.7 as laid down by the Apex Court in the
said judgement for quashing of the proceedings under Section 482 Cr.P.C.
are of malafides intentions and counterblast. Para-102 of the said
judgement reads as under:-

"102. In the backdrop of the interpretation of the various relevant
provisions of the Code under Chapter XIV and of the principles of law
enunciated by this Court in a series of decisions relating to the exercise of
the extraordinary power under Article 226 or the inherent powers under
Section 482 of the Code which we have extracted and reproduced above,
we give the following categories of cases by way of illustration wherein
such power could be exercised either to prevent abuse of the process of
any court or otherwise to secure the ends of justice, though it may not be
possible to lay down any precise, clearly defined and sufficiently
channelised and inflexible guidelines or rigid formulae and to give an
exhaustive list of myriad kinds of cases wherein such power should be
exercised.

(1) Where the allegations made in the first information report or the
complaint, even if they are taken at their face value and accepted in their
entirety do not prima facie constitute any offence or make out a case
against the accused.

(2) Where the allegations in the first information report and other
materials, if any, accompanying the FIR do not disclose a cognizable
offence, justifying an investigation by police officers under Section 156(1)
of the Code except under an order of a Magistrate within the purview of
Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint
and the evidence collected in support of the same do not disclose the
commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable
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                               5


offence but constitute only a non-cognizable offence, no investigation is
permitted by a police officer without an order of a Magistrate as
contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd
and inherently improbable on the basis of which no prudent person can
ever reach a just conclusion that there is sufficient ground for proceeding
against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions
of the Code or the concerned Act (under which a criminal proceeding is
instituted) to the institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide
and/or where the proceeding is maliciously instituted with an ulterior
motive for wreaking vengeance on the accused and with a view to spite
him due to private and personal grudge."

11. It is submitted that the prayer be allowed and the proceedings against
the applicants be quashed.

12. Per contra, learned counsel for the State opposed the prayer for
quashing.

13. After having heard learned counsels for the parties and perusing the
records, it is evident that the present case is a case of no injury. The
petition survives with regards to the applicant no. 2 and 3 only. There had
been previous cases between the applicant no. 1Sunil Kumar (since
deceased) and the brother of the complainant/Tridev Singh, which is
pending before the civil court concerned. Even the applicant no. 3 Rakesh
Singh was assaulted by the opposite party no. 2 and other persons on the
day when he had gone to court for recording of his testimony. The present
case appears to be with malafide intentions which is an abuse of process
of the court.

14. In view of the above discussions and the law laid down by the Apex
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                                    Court in the case of Bhajan Lal (Supra), the same deserves to be
                                    quashed.

                                    15. Accordingly, the present 482 Cr.P.C. application stands allowed.

                                    16. The impugned charge sheet, cognizance and summoning order and the
                                    proceedings of the said case are hereby quashed against the applicants.

                                    17. Pending application(s), if any, shall stand disposed of.



                                                                                               (Samit Gopal,J.)
                                    September 28, 2026
                                    Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad