Disposed

Naresh and 3 Ors. v. State of U.P. and Another

Allahabad HC16 May 2018A482/17106/2018

Case brief

AI extract

What is this about?

In a criminal reference application under Section 482 Cr.P.C., the High Court refused to quash the charge-sheet against the applicants as the dispute involved questions of fact. The court, however, directed that if the applicants surrender and apply for bail within 30 days, their prayer shall be considered.

What did the court decide?

Prayer for quashing refused; directions issued for surrender within 30 days to seek consideration for bail.

Naresh and 3 Ors. Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 49 Case :- APPLICATION U/S 482 No. - 17106 of 2018 Applicant :- Naresh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava 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 impugned charge sheet no. 307 of 2016, dated 20.12.2016 in case no. 1907 of 2017 (State Vs. Balvir) arising out of Case Crime No. 589 of 2016, under Sections 452, 325, 336, 504, 506 IPC, Police Station Kiratpur, District Bijnor, pending in the Court of Judicial Magistrate, Najibabad, District Bijnor.

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The contention of learned counsel for the applicants is that no offence against the applicants are 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 proceedings of the aforesaid case based on the charge-sheet 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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However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.

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

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Order Date :- 16.5.2018/Mini

Naresh and 3 Ors. v. State of U.P. and Another

Case brief

What is this about?

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Naresh and 3 Ors. v. State of U.P. and Another

Case brief

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