The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash the charge sheet and cognizance order. The court held that the applicant's arguments were factual and required evidence appraisal before any interference was warranted.
The application under Section 482 Cr.P.C. was dismissed.
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. - 49
Case :- APPLICATION U/S 482 No. - 19571 of 2018
Applicant :- Bhura Alias Imaran Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 08.11.2017 in Case No.1338 of 2018, cognizance order dated 18.04.2018, arising out of Case Crime No.502 of 2017, under Section- 420 I.P.C., Police Station Azeem Nagar, District Rampur, pending before the Court of Judicial Magistrate, Rampur.
Learned counsel for the applicant submits that while NCR had been lodged by the brother-in-law of Taj Mohammad against the said Taj Mohammad, the police had, for reason best known to them arrested the applicant, who is brother of Taj Mohammad. In such circumstance, it is submitted that the description of the applicant was wrongly given as Taj Mohammad.
Learned counsel for the applicant states that he has released upon furnishing surety bond wherein it appears, the applicant had knowingly misdescribed himself as Taj Mohammad though his real identity was always known to him.
In that view of the matter, other arguments advanced by learned counsel for the applicant are factual in nature and would require appraisal of evidence, if they were to be accepted.
Thus, no interference is warranted, at this stage. The present application lacks merit and is dismissed .
Order Date :- 30.5.2018 Lbm/-
2 issues framed by the court
Whether the High Court can interfere under Section 482 Cr.P.C. at this stage when interference requires appraisal of evidence.
Whether the application to quash the charge sheet and cognizance order has merit.
2 provisions across 2 enactments
Bhura Alias Imaran
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
