Partly allowed

Mahjabi and 2 Others v. State of U.P. and Another

Allahabad HC24 Jul 2018A482/21987/2018

Case brief

AI extract

What is this about?

This court refused the prayer to quash the FIR and criminal proceedings under Section 482 Cr.P.C. as factual disputes preclude quashing at this stage. However, the court directed that if applicants surrender and apply for bail within 30 days, their bail will be considered as per established precedents.

What did the court decide?

Application to quash proceedings refused. Liberty granted to apply for bail if applicants surrender within 30 days.

Mahjabi and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 21987 of 2018

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Applicant :- Mahjabi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saiyad Iqbal Ahmed 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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The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 154/2017 dated 27.06.2017 as well as summoning order dated 05.05.2018 and the entire proceedings of Case No. 5147 of 2018, (State Vs. Mahjabi & others), arising out of Case Crime No. 188 of 2017, under Sections- 452, 354 (B), 323, 504, 506 I.P.C., Police Station-Galshaheed, District- Moradabad, pending in the court of Addl. Chief Judicial Magistrate 3rd, Moradabad.

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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. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.

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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 entire proceeding 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 surrender before the court below within 30 days 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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With the aforesaid directions, this application is finally disposed of .

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Order Date :- 24.7.2018 Lbm/-

Mahjabi and 2 Others v. State of U.P. and Another

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Mahjabi and 2 Others v. State of U.P. and Another

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