Disposed

Irshad Ali v. State of U.P. and Anr.

Allahabad HC10 Oct 2018A482/35495/2018

Case brief

AI extract

What is this about?

The High Court dismissed the application for quashing the NBW order under Section 482 Cr.P.C. instead granting the accused one month to surrender. No coercive action will be taken during this period; if he fails to appear, protection is recalled and bail is to be considered as per precedent.

What did the court decide?

Interim protection from coercive action for one month to surrender; bail to be considered as per law upon surrender.

Irshad Ali Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2018)

¶1

Court No. - 16

¶2

Case :- APPLICATION U/S 482 No. - 35495 of 2018

¶3

Applicant :- Irshad Ali Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

Heard learned counsel for the applicant and learned AGA for the State.

¶6

This application under Section 482 Cr.P.C. has been filed for quashing the NBW order dated 14.06.2018 issued by the learned Judicial Magistrate, Nawabganj, Bareilly in Criminal Case No. 311 of 2012, State Vs. Mukhtar Ali and Others, under Sections 379, 411, 427, 304A, 338 IPC and Section 4/10 Forest Act arising out of Case Crime No. 1565 of 2011, Police Station Nawabganj, District Bareilly pending before the learned Judicial Magistrate, Nawabganj, Bareilly.

¶7

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.

¶8

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

¶9

fortify the said propositions. Reference can be made with profit in this regard 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 order of cognizance as well as the charge-sheet is made out.

¶10

Faced with the aforesaid facts, learned counsel for the applicant submits that the applicant is willing to surrender before the court below and he he recasts his relief accordingly. He does not press for the reliefs sought for in the instant application.

¶11

In view of the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within a period of one month from today and applies for bail. The bail application of the applicant shall be considered and decided in the light of the law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 and the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported at 2009 (3) ADJ 322 (SC).

¶12

For a period of one month from today or till the date the applicant surrenders before the trial court whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear

¶13

before the court below within the aforesaid period, the Trial Court shall proceed against the applicant in accordance with law and this interim protection shall stand recalled automatically.

¶14

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

¶15

Order Date :- 10.10.2018 Dhananjai

Irshad Ali v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Irshad Ali v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhupendra Vs State of U.P. and Anr.

Paras Bind Vs State of U.P. and another

Pappu and Anr. Vs State of U.P. and Anr.

Sukhpal Singh Vs State of U P and 2 Others

Ms. Kavaljeet Kaur and Another Vs State of U.P. and another

Vikas @ Pintu Vs State of U.P. and Anr.