All HC | Disputed defense of accused can’t be considered when evidence gathered by IO can’t be scrutinized by Court

Allahabad High Court: Dinesh Kumar Singh, J. quashed the application under Section 482 of Code of Criminal Procedure, 1973 on the ground that as the evidence cannot be scrutinized it cannot be said that no cognizable offence was made out against the applicant.

An application was made to quash the charge sheet made under Sections 323, 506, 452, 354-A of the Penal Code.

Aushim Malhotra, advocate for the applicant submits that the applicant has been falsely implicated. The victim had suffered not any serious injury except that she was having a complaint of pain. There was also the delay of 9 days in lodging the FIR.  It was further submitted that the accused had no criminal history, hence prayed for quashing the FIR.

Vimal Kumar Pandey, AGA vehemently opposed the prayer for quashing the same.

The Court after going through the matter on record held that opposite party was attempted to be molested by the accused-applicant and when she tried to defend herself, she was beaten with fists & kicks and when the mother-in-law of the victim had arrived, she was also pushed off.  It was further submitted that “From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 CrPC.”  The disputed defense of the accused cannot be considered at this stage. Thus the prayer for quashing the proceedings was refused. But the Court on the settled principle of the law in the case of Amrawati v. State of U.P., 2004 (57) ALR 290 held that if the applicant appears and surrenders before the Court below within 30 days from today and applies for bail, his prayer for bail may be considered. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.[Ram Vilas v. State of U.P., 2019 SCC OnLine All 2272, decided on 14-06-2019]

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