Ikbal Ahmed And Another vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C482 application has been filed by the applicants for quashing/setting aside the impugned charge sheet dated 17.12.2020 summoning order dated 27.10.2021 and entire proceedings of Criminal Case No.1600 of 2021 (Case Crime No.321 of 2020), State Vs. Ikbal & another, under Sections 323, 504 and 506 of IPC, registered with Police Station-Kankhal, District-Haridwar, pending before learned IInd Judicial Magistrate, Haridwar.

Facts of the case in brief are that respondent no.4-Irfan on 14.09.2020 at around 05:30 P.M., was going home from the court Roshanabad via Jwalapur Jamalpur. When he reached Jiyapota Jamalpur Tiraha Laksar road with his nephew Arshil, accused were already waiting in ambush, armed with sticks, rods, pipes, came in front of his vehicle and threw him off the vehicle. Iqbal stood with his foot on the applicant's neck and started abusing and threatened to kill him. Iqbal hit him on the head with an iron rod and broke his head. Parvez threw Arshil, on the road and tried to kill him. He started hitting him with a pipe, then the motorcyclist Shahzad lay upside down on Arshil and saved Arshil's life. Meanwhile a crowd gathered and people from nearby areas saved them. Ghulam Farid, who was coming from Roshanabad, also reached from behind and after seeing the crowd, Iqbal, Parvez, Shadab ran away saying that – today they have been saved but next time they will be killed.

Learned counsel for the applicants submits that said incident was committed on 14.09.2020 and the F.I.R. was lodged on 12.10.2020 and for this delay there is no just explanation. Moreover on perusal of F.I.R., it can be seen that there are no independent witness of the alleged incident, although the place of incident is situated at a crowded place. Thus it is clear that the applicants have falsely been implicated in the instant case and have been used as scapegoat.

Per contra, learned State counsel submits that there are serious allegations against the applicants and, prima facie, commission of offence is made out against them

This Court while hearing the application under Section 482 of Cr.P.C. cannot embark upon sifting of the evidence and cannot decide the disputed question of facts, which can only be decided once the evidence is adduced by the parties. Police after due investigation has submitted charge sheet against the applicants and prima facie case is made out against them. It is a trite law that the power under Section 482 of Cr.P.C., shall be used sparingly in “rarest of rare cases”. This case does not fall in the category of “rarest of rare case”.

In this view of the matter, the C482 application is dismissed.