Dismissed

Sunil Kumar and 4 Others v. State of U.P. and Another

Allahabad HC3 Apr 2018A482/10687/2018

Case brief

AI extract

What is this about?

Single judge court held that a prima facie case was made out in prosecution for criminal trespass and affray related to property dispute. Application under Section 482 Cr.P.C. to quash FIR and proceedings was dismissed, but bail granted upon surrender within 30 days.

What did the court decide?

Prayer for quash dismissed. Conditional bail granted if applicants surrender within 30 days.

Sunil Kumar and 4 Others Vs State of U.P. and Another — Property and Title | Allahabad HC (2018)

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Court No. - 49 Case :- APPLICATION U/S 482 No. - 10687 of 2018 Applicant :- Sunil Kumar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurudh Kumar Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 28.10.2017 and the entire criminal proceeding of Case No. 8009 of 2017 arising out of Case Crime No. 467 of 2017, under Sections 452, 147, 323, 504, 324, 352 I.P.C., Police Station- Bagwala, District- Etah, pending before the Chief Judicial Magistrate, Etah.

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Learned counsel for the applicants states that the real dispute between the parties is with respect to the demarcation of ancestral property. However, perusal of the FIR and the material, it cannot be said that no offence is made out as alleged against the applicants.

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The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 .

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days and no more from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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With the aforesaid directions, this application is finally disposed of .

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Order Date :- 3.4.2018 Lbm/-

Sunil Kumar and 4 Others v. State of U.P. and Another

Case brief

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Sunil Kumar and 4 Others v. State of U.P. and Another

Case brief

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