Disposed

Badshah Alias Jamaluddin and 4 Others v. State of U.P. and Another

Allahabad HC16 May 2018A482/16683/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings for alleged offences, the single Judge refused to quash the case as disputed facts were not for adjudication. However, the Court directed the applicants to surrender within 30 days to be considered for bail under specific precedents.

What did the court decide?

Refused quashing; directed applicants to surrender within 30 days for bail consideration.

Badshah Alias Jamaluddin and 4 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2018)

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Court No. - 49 Case :- APPLICATION U/S 482 No. - 16683 of 2018 Applicant :- Badshah Alias Jamaluddin And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Anuj Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Ram Anuj Prajapati, learned counsel for the applicants and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed with prayer to stay the effect and operation of the order dated 02.07.2015 and 09.04.2018, passed by the learned court below in criminal Case No. 3995 of 2015 (State of U.P. Vs. Badshah @ Jamaluddin and others), arising out of Case Crime No. 250 of 2011 registered at Police Station Lohta, under Sections 147, 148, 149, 452, 323, 504, 506, IPC, pending in the court of Additional Chief Judicial Magistrate, Varanasi, instituted by the opposite party no.2.

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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 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. 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

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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 charge-sheet as well as criminal proceedings 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 surrenders before the court below within 30 days and no more from today and applies 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 :- 16.5.2018 VKG

Badshah Alias Jamaluddin and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Badshah Alias Jamaluddin and 4 Others v. State of U.P. and Another

Case brief

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