RAM BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/4856/2025 · 2025-06-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143877 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143877 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35652 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4856 of 2025 Applicant :- Ram Bahadur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Shailender Singh,Ankit Tiwari,Neelam Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Sri Raghvendra Singh, Advocate on behalf of respondent no.3 is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for respondent no.3.
3. The instant application has been filed by the applicant praying as under:-
"To quash the entire proceedings of the Case Crime Number 99/2024, Under Section 323,504,506 IPC, Police Station- Intiyathok, District- Gonda titled "State of Uttar Pradesh Vs. Rambahadur and Others" pending before the Court of Additional Civil Judge (Senior Division), Gonda in the interest of justice, equity and fair play."
4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case only with the intention to develop a case for cancellation of bail granted by Hon'ble Apex Court in Crl. Appeal No. 526 of 2015 on
28.08.2024. He further submits that the applicant never visited the place of incident, yet the charge-sheet was submitted by the Investigating Officer.
5. Learned A.G.A. as well as learned counsel for respondent no.3 vehemently opposes the prayer of the applicant and submits that during the course of investigation, injured as well as other independent witness categorically supported the prosecution story, hence, charge-sheet cannot be quashed. Learned A.G.A. places reliance on the decision of Hon'ble Supreme Court passed in the case of C.B.I. vs. Aryan Singh reported in (2023) SCC OnLine SC 379 and submits that all the defense can be raised at the appropriate stage.
6. Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R. as well as
other relevant material, it is evident that the charge-sheet has been filed on the basis of ocular evidence as well as medico legal report. The evidence collected by the Investigating Officer cannot be examined at this stage as it is well settled by Hon'ble Supreme Court in the case of C.B.I. vs. Aryan Singh (supra). Therefore, this application, being misconceived, stands dismissed. Order Date :- 17.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench