Disposed

Mahmood Alam and 4 Others v. State of U.P. and another

Allahabad HC4 Oct 2018A482/33630/2018

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought to quash a charge sheet. The court held that disputed facts could not be adjudicated under its extraordinary jurisdiction and refused the quashing prayer. However, it directed expedited bail proceedings and stayed coercive action for 45 days.

What did the court decide?

Refusal to quash the charge sheet. Direction for expedited bail proceedings. Stay of coercive action for 45 days.

Mahmood Alam and 4 Others Vs State of U.P. and another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 22

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Case :- APPLICATION U/S 482 No. - 33630 of 2018

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Applicant :- Mahmood Alam And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Ashraf Abbasi 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 applicant, learned A.G.A. for the State of U.P. in opposition and perused the record.

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This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the impugned charge sheet dated 20.04.2018, in Sessions Trial No. 155 of 2018, arising out of Case Crime No. 154 of 2018, under Sections 147, 323, 504 and 506 of the Indian Penal Code and Section 3(2)va of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, Police Station - Aima, District - Allahabad.

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It is contended by learned counsel for the applicants that from the perusal of first information report, no offence is made out against the applicants. The land in dispute is a graveyard, as declared by Sub-Divisional Magistrate, Soraon. He next contended that the injured persons were examined on 26.03.2018 and in their injury reports, it is mentioned that the injuries are about one day old. Accordingly, the injuries of the injured do not corroborate with the allegation made in the F.I.R.

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Per contra, learned A.G.A. has opposed the prayer made and the submissions thereof advanced by learned counsel for the applicant and contended that the material on record is sufficient justifying filing of charge sheet in the aforesaid case.

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From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicants.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.

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All these facts may be raised before the trial court at the time of framing of charges.

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Accordingly, the prayer for quashing the impugned charge sheet in the aforesaid case is refused.

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However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years.

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In view of order passed by this Court on 23.01.2018 in Application under Section 482 Cr.P.C. No. 43217 of 2017 (Smt. Sakeena and others Vs. State) , it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) of S.C./S.T. Act.

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For a period of 45 days from today, no coercive action shall be taken against the applicants.

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With the aforesaid directions, the instant application is finally disposed of.

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Order Date :- 4.10.2018 I. Batabyal

Mahmood Alam and 4 Others v. State of U.P. and another

Case brief

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Mahmood Alam and 4 Others v. State of U.P. and another

Case brief

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