Supreme Court – Daily Orders
Mahboob Usmani vs State Of Uttar Pradesh on 30 July, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1621/2015
MAHBOOB USMANI & ORS. APPELLANT(S)
VERSUS
STATE OF U.P. & ANR. RESPONDENT(S)
O R D E R
1. Heard learned counsel for the appellants and the
respondents.
2. The appellants by means of present appeal seeks to set
aside the order of the High Court dated 17.07.2015 by
which their application under Section 482 of the Code of
Criminal Procedure (for short “the CR.P.C.”) for quashing
of the criminal proceedings against them was dismissed.
3. The brief facts of the case are that an incident took
place in Attarsuiya, Allahabad, Uttar Pradesh on
25.04.2010 where one Zia Usmani was killed in his house
which led to lodging of an FIR bearing No.64/2010 by the
brother of deceased i.e. appellant no.2 against the
Signature Not Verified
Digitally signed by brothers of respondent no.2. Later, after one year of this
Nirmala Negi
Date: 2025.08.05
16:03:06 IST
incident, respondent no.2 moved an application under
Reason:
Section 156(3) of the CR.P.C. before the Additional Chief
2Judicial Magistrate, Allahabad (for short “the ACJM,
Allahabad”) stating that they had gone to the house of the
deceased for reaching a compromise, which led to a scuffle
between them where some of the members of the present
complainant’s family have also sustained injuries. The
ACJM, Allahabad, directed the concerned Station House
Officer (SHO) to submit a report. In the report the
Investigating Officer records that this complaint is a
counter blast to the FIR lodged by the appellant no.2
against respondent no.2 and others. All the same, vide
order dated 11.07.2012 the ACJM, Allahabad has held that a
prima facie case has been established against the
appellants under Sections 323, 504 & 506 of the Indian
Penal Code in the Complaint Case no.1481/2011 and summons
were issued for inquiry against the appellants. Against
this order, the appellants filed a petition under Section
482 of the CR.P.C. before the High Court which was
disposed of on 03.10.2012 with a direction to file
application for discharge under Section 245(2) of the
CR.P.C. before the Court concerned. Thereafter, the
appellants filed an application under Section 245(2) of
the CR.P.C. before the ACJM, Allahabad which was dismissed
on 29.06.2013. Against this order, the appellants filed a
petition under Section 482 of the CR.P.C. to quash the
criminal proceedings arising out of Complaint Case
No.1481/2011 and its consequential orders dated 11.07.2012
& 29.06.2013. The High Court did not interfere with the
3matter on the ground that interference at this stage will
amount to appraisal of facts of the case which can only be
done in a trial. The High Court directed the appellants to
appear and surrender before the Court concerned within a
period of 30 days.
4. At this stage, it must be noted, as we have been
informed at the Bar, that in the criminal case which was
initiated at the behest of appellant no.2, the trial had
already been concluded in which two persons i.e. Asfi and
Razi have been convicted and sentenced, and against this
conviction and sentence an appeal has been filed by them
which is presently pending before the High Court.
5. Under these circumstances, where there is already a
trial where the entire gamut of facts have been taken into
consideration by the Trial Court and for that reason that
the story of the prosecution as presented to the Court has
been considered and at least some of the accused have been
convicted the prosecution has been able to prove its case
beyond reasonable doubt according to the learned counsel
for the appellants.
6. Consequently, we see absolutely no justification for
continuation of the Complaint Case No.1481/2011, which is
nothing but a counter-blast and now an abuse of the
process of law. Accordingly, we allow this appeal and set
aside the order of the High Court dated 17.07.2015 and
quash the proceedings arising out of the aforesaid
complaint case.
4
7. The present appeal is allowed in the above terms.
8. Pending application(s), if any, shall stand disposed
of.
……………….J.
[SUDHANSHU DHULIA]
……………….J.
[N.V. ANJARIA]
New Delhi;
July 30, 2025.
5
ITEM NO.102 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL NO(S). 1621/2015
MAHBOOB USMANI & ORS. APPELLANT(S)
VERSUS
STATE OF U.P.& ANR. RESPONDENT(S)
Date : 30-07-2025 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE N.V. ANJARIAFor Appellant(s) Mr. Tripurari Ray, Adv.
Mr. Anirudh Ray, Adv.
Mr. Vivekanand Singh, Adv.
Mr. Vishnu Sharma, AOR
For Respondent(s) Mr. Adarsh Upadhyay, AOR
Ms. Pallavi Kumari, Adv.
Mr. Shashank Pachauri, Adv.
Mrs. Shweta Yadav, Adv.
Mr. Syed Imtiyaz Ali, Adv.
Mr. Arvind Kumar Kanva, Adv.
Mr. Mumtaz Alam Siddiqui, Adv.
Ms. Sheetal, Adv.
Mr. Abrar A.,Adv.
Mr. Ali Safeer Farooqui, Adv.
Mr. Yashpal Sharma, Adv.
Mr. Aftab Ali Khan, AOR
UPON hearing the counsel the Court made the following
O R D E RThe appeal is allowed in terms of the signed order, which is
placed on the file.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR