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 available material was sufficient to prima facie establish the commission of offences. Bail options were left open to the applicants before the trial court.
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. - 5
Case :- APPLICATION U/S 482 No. - 19817 of 2018
Applicant :- Ram Awadh And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hriday Kumar Singh,Jai Prakash Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 02.01.2018 as well as cognizance order dated 04.04.2018 arising out of Case Crime No. 240 of 2017, under Sections 354, 323, 504, 506 I.P.C., Police Station Jigna, District Mirzapur.
From a perusal of the material placed on the record, the Court is of the considered view that presently it cannot be said that commission of offences prima facie is not made out.
Consequently, while the aforesaid prayer is refused, it is left open to the applicants to apply for bail before the concerned Court. The Court further observes that in case such an application is made, the same shall be considered and disposed of bearing in mind the decisions rendered by this Court on the subject.
The application is accordingly disposed of .
Order Date :- 1.6.2018 NS
2 issues framed by the court
Whether the application for quashing the charge sheet and cognizance order under Section 482 Cr.P.C. should be allowed.
Whether the allegations prima facie disclose the commission of offences under Sections 354, 323, 504, and 506 IPC.
2 provisions across 2 enactments
Ram Awadh And 2 Ors
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
