Court dismissed Section 482 Cr.P.C. application to quash chargesheet and proceedings. Held that chargesheet disclosed prima facie commission of offence. Suggested applicant may surrender and apply for bail which will be considered.
Quashing of chargesheet and proceedings rejected. Applicant advised to seek bail via 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. - 16 Case :- APPLICATION U/S 482 No. - 35487 of 2018 Applicant :- Vikas @ Pintu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application under Section 482 Cr.P.C. is filed for quashing the chargesheet dated 21.03.2017 as well as the entire proceedings of Sessions Trial No. 119 of 2017, State Vs. Vikas, arising out of Case Crime No. 1181 of 2016 under Sections 302, 506 I.P.C. and 4/25 of Arms Act, Police Station Jalalpur, District Jaunpur as well as the order of N.B.W. issued under Section 82 Cr.P.C. dated 05.09.2018 passed by Additional Sessions Judge, Court No. III, Jaunpur and stay the further proceedings of the aforesaid case.
Perusal of the charge-sheet as well as the material collected in the course of investigation clearly disclose the commission of the offences. This Court while exercising the jurisdiction under Section 482 Cr.P.C. cannot appraise or appreciate evidence or judge the disputed defence of the accused. At this stage, the validity of the charge-sheet can be tested only by determining whether a prima facie commission of an offence is disclosed.
The aforesaid limits of the jurisdiction of the Court under Section 482 Cr.P.C. have been long settled by the Hon'ble Supreme court. There is good authority in the law to fortify the said propositions. Reference can be made with
profit to the law laid down by the Hon'ble Supreme Court in the cases of 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 . No ground for interference in the charge-sheet is made out.
The only submission made by Sri Ram Prasad Dubey, learned counsel for the applicants is that the applicants are prepared to surrender before the learned trial court and apply for bail.
In view of the above submission, it is open to the applicants to surrender before the learned trial court and apply for bail. In case, the applicants apply for bail, the same shall be considered in accordance with law.
The application under Section 482 Cr.P.C. is dismissed.
Order Date :- 10.10.2018 Dhananjai
2 issues framed by the court
Whether quashing of chargesheet under Section 482 Cr.P.C. is maintainable when offences are clearly disclosed.
Whether applicant seeking surrender and bail affects the appeal against imposition of N.W.B.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶7
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶7
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶7
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¶7
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
1 provisions across 1 enactments
Vikas @ Pintu
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
