Dismissed

Sameed Khan and 13 Others v. State of U.P. and Another

Allahabad HC27 Apr 2018A482/13962/2018

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. seeking quashing of a charge-sheet alleged to be based on malafide was dismissed. The court directed surrender within 30 days for bail consideration and barred coercive action during that period if applicants complied, with threats of coercion otherwise.

What did the court decide?

Prayer to quash charge-sheet dismissed. Relief withdrawn contingent on surrender within 30 days for bail consideration. Coercive action barred for 30 days if applicants surrender.

Sameed Khan and 13 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 11 Case :- APPLICATION U/S 482 No. - 13962 of 2018 Applicant :- Sameed Khan And 13 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

¶2

Hon'ble Salil Kumar Rai,J.

¶3

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

¶4

The present application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet submitted by the Investigation Officer in Case No. 24 of 2018 arising out of Case Crime No. 181 of 2016 (State Vs. Sameed and others), under Sections 147, 148, 323, 332, 353, 504, 506 I.P.C. and Section 3(1) (da) (dha) Act, Police Station-Sheeshgarh, DistrictBareilly.

¶5

The contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.

¶6

Per contra learned A.G.A. submitted that 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. The submissions made by learned counsel for the applicants relate to disputed question of facts, 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. The disputed defence of the accused cannot be considered at this stage.

¶7

The submissions made by learned A.G.A. have force.

¶8

The prayer for quashing the proceedings and the charge-sheet is refused.

¶9

However, it is directed that if the applicants appear and surrender before the court below within 30 days 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.

¶10

For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

¶11

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

¶12

Order Date :- 27.4.2018/Anurag/-

Sameed Khan and 13 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sameed Khan and 13 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sita Ram and Others Vs Board of Revenue U.P.and Others

Prem Shanker Giri and Others Vs D.D.C. Ballia and Others

Smt. Medha Vs D.D.C. and Others

Hari Nath Vs D.D.C.

Abhishek Kumar Dubey and another Vs State of U.P. and another

Sheetal Prasad @ Sheetal Verma Vs State of U.P. and Another