RIYAZ @ GABBAR AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/37300/2024 · 2025-05-11
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106140 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106140 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:76888 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37300 of 2024 Applicant :- Riyaz @ Gabbar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge framing order dated 24.09.2024 passed by Additional Sessions Judge, Court No. 13 Meerut in Crime No. 26 of 2023 (State Vs. Riyaz @ Gabbar & others) under Sections 323/34,324/34,308/34,506 I.P.C., Police Station Railway Road, District- Meerut, pending in the Court of Additional Sessions Judge Court No. 13 Meerut. 3. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. Counsel for the applicants have challenged the order dated 24.09.2024 by which charges have been framed against the applicants under Sections 323/34,324/34,308/34,506 I.P.C. It is next submitted that learned court below without perusing the entire evidence available on record, framed charges against the applicants. Prima facie, no offence under the alleged sections is made out and instant F.I.R. has been lodged with malicious intention as applicants have lodged F.I.R. against the opposite party no. 2 then in counter blast, present F.I.R. has been lodged. Further submission is that medical examination report which is annexed as Annexure-3, does not disclose any offence under Section 308 I.P.C. and framing of charge under Section 308 I.P.C. is without considering the medical evidence. Earlier, the applicants challenged 482 application No.15750 of 2024 before this Court and the Co-ordinate Bench of this Court vide order dated 27.08.2024 dismissed the said application of the applicants. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that charges have
been framed by the learned trial court after hearing the parties and perusing the entire evidence available on record. Prima facie offence is made out against the applicants. The medical examination report discloses offence under Section 308 I.P.C. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same.
This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. From the perusal of the material on record and looking into the
facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. After framing of charge by the trial court, this Court is not going to interfere in trial proceedings. The medical/injury report says that injuries no.1 and 3 are KVO and advised x-ray rest simple. The application is not supported by x-ray report of injured, moreover doctor has opined that injuries are caused by hard and blunt object. There is no illegality in the
order impugned. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.
7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 12.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad