Court held that prima facie case exists against applicant; quashed the charge sheet is refused. Directed that if applicant surrenders and applies for bail within 45 days, it shall be considered per settled law.
Quashing of charge sheet refused; conditional leave to apply for bail if surrender within 45 days.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 20070 of 2018
Applicant :- Afjal @Babalu Opposite Party :- State Of Up And Another Counsel for Applicant :- Jay Ram Pal,Shiv Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.10.2017 as well as the entire proceedings of Case No. 371 of 2018 (State Vs. Afjal @ Babalu), arising out of Case Crime No. 134 of 2017, under Sections- 323, 354, 452, 504, 506 I.P.C., Police StationMutthiganj, District- Allahabad, pending in the court of A.C.J.M., Court No. 9, Allahabad.
The contention of learned counsel for the applicant is that no offence against the applicant 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.
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 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 .
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days and no more from today and applies for bail, his 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.
With the aforesaid directions, this application is finally disposed of .
Order Date :- 8.6.2018 A. Singh
2 issues framed by the court
Whether the charge sheet discloses an offence requiring the proceedings to be quashable under Section 482 Cr.P.C.
Whether the applicant is entitled to bail if he surrenders and applies within the stipulated period.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶8
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶8
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶8
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶8
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another
Amrawati and another Vs. State of U.P.Referred¶10
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC)
Afjal @ Babalu
State Of Up
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
