In an application under Section 482 Cr.P.C., the High Court held that disputes of fact preclude quashing of criminal proceedings. The prayer for quashing was rejected, but liberty was granted to seek discharge within four weeks.
Quashing refused; liberty granted to move discharge application within four weeks; no coercive action pending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 60 Case :- APPLICATION U/S 482 No. - 15174 of 2017 Applicant :- Naseema Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.,Mohammad Firoz Khan,Rajesh Kumar Singh
Hon'ble Neeraj Tiwari,J.
Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant, Sri Subham Dwivedi, Advocate holding brief of Sri Rajesh Kumar Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings as well as the charge sheet dated 15.12.2016 of Case No. 285 of 2017 (State Vs. Naseema Khan and others) arising out of Case Crime No. 222 of 2015, under Sections 419, 420, 120B, 467, 468, 406, 471 I.P.C., Police Station Cantt, District Gorakhpur, pending in the court of learned C.J.M., Gorakhpur.
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 applicant 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. No case for interference is made out. The prayer for quashing the entire criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicant to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Accordingly, liberty is given to the applicant to appear before the court below through counsel to move discharge application within four weeks from today.
This application is disposed of with a direction to the court below that in case the applicant appears before the court below through counsel within four weeks from today and moves a discharge application, the same shall be considered and decided in accordance with law. Till the disposal of discharge application, no coercive action shall be taken against the applicant.
It is made clear that in case the applicant does not appear before the court below within the aforesaid period, no further time shall be given to him.
Order Date :- 2.11.2018 Rmk.
2 issues framed by the court
Whether the criminal proceedings under Sections 419, 420, 120B, 467, 468, 406, and 471 IPC can be quashed at the申请人的 stage.
Whether disputed questions of fact present a case for interference under Section 482 Cr.P.C.
1 provisions across 1 enactments
Naseema Khan
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
