AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings including the F.I.R. of Kandi P.S. Case No.53 of 2020.
Learned counsel for the petitioners submits that in the meanwhile charge-sheet has been submitted against the petitioners and cognizance of the offence has also been taken and the case is next fixed to 06.10.2026 for considering the framing of charge. It is further submitted that the petitioners have not challenged the order taking cognizance.
The allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, have attempted to commit murder of Buchun Choudhary by assaulting him with an axe.
On the basis of the written report submitted by the informant, police registered Kandi P.S. Case No.53 of 2020 and took up the investigation of the case.
The petitioners have not come to the court with clean hands by suppressing the fact that in the meanwhile charge-sheet has been submitted apparently after the police found the allegations against the accused persons of the case, to be true, as is evident from the submissions made by the learned counsel for the petitioners that the case is next fixed to 06.10.2026 for consideration of framing of charge which prima facie shows that charge-sheet must has been submitted.
Learned counsel for the petitioners draws the attention of this Court towards the photocopy of a document and submits that a compromise has been effected to between the parties, hence, it is submitted that the prayer, as prayed for in this Cr.M.P., be allowed.
Learned Addl. P. P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioners made in the instant Cr.M.P. and submit that since the petitioners have not come to the court with clean hands; by suppressing the material fact that charge-sheet has been submitted against them by the police, after finding the allegations against them to be true and cognizance of the offence has already been taken and without challenging the charge-sheet and the cognizance order, only on the ground of a photocopy of a fake compromise document by misleading this Court; as the said document was prepared prior to the institution of this case and has got no bearing upon the outcome of this case, therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed.
Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that the petitioners have not come to the Court with clean hands. They have suppressed the subsequent event that took place after registration of the case. They have not sought quashing of the cognizance order passed by the learned court concerned. The allegations against them are direct and specific. The photocopy of the compromise document is a disputed document. Under such circumstances, this Court is of the considered view that there is no justifiable reason to accede to the prayer of the petitioners made in the instant Cr.M.P.
Accordingly, this Cr.M.P., being without any merit, is dismissed.