Dismissed

Lakhan Singh and 3 Ors. v. State of U.P. and Anr.

Allahabad HC6 Feb 2018A482/2906/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., theSingle Judge refused to quash the charge sheet and proceedings instituted for alleged offences under IPC Sections 452, 323, 504, 506, and 325, noting that factual disputes require trial court examination. The court granted directions for expedited bail consideration upon surrender.

What did the court decide?

Prayer for quashing the charge sheet and entire proceedings refused. Direction given for expedited bail consideration upon surrender.

Lakhan Singh and 3 Ors. Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 2906 of 2018

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Applicant :- Lakhan Singh And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A. G. A. for the State. This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 19.12.2016 and entire proceeding Case No. 651/2017 arising out of Case Crime No. 0358/2016, under Sections 452, 323, 504, 506, 325 I.P.C., Police Station Mursan, District Hathras pending in the court of learned Additional Chief Judicial Magistrate, Hathras.

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Learned counsel for the applicants contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicants are false and fabricated. The applicants are innocent and they have not committed any offence.

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Learned A.G.A. contended that there is no illegality in passing impugned order by the trial court.

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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. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.

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In view of the above, the prayer for quashing the charge sheet and entire proceedings in the aforesaid case is refused.

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However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously, preferably on the same day 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 above directions, this application u/s 482 Cr.P.C. is disposed of finally.

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Order Date :- 6.2.2018 Sharad/-

Lakhan Singh and 3 Ors. v. State of U.P. and Anr.

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Lakhan Singh and 3 Ors. v. State of U.P. and Anr.

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