Dismissed

Balwant Singh and Another v. State of U.P. and Another

Allahabad HC16 Feb 2018A482/4244/2018

Case brief

AI extract

What is this about?

This judgment rejects a Section 482 application to quash criminal charges alleging no material justifies the filing. The court held that improvements in witness statements do not warrant quashing at this stage but suggested seeking discharge before the trial court.

What did the court decide?

Prayer for quashment of the impugned charge sheet is refused and the application is disposed of.

Balwant Singh and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 15

¶2

Case :- APPLICATION U/S 482 No. - 4244 of 2018

¶3

Applicant :- Balwant Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surya Prakash Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard Sri S.R. Singhal, Advocate holding brief of S.P. Dubey, learned counsel for the applicants, learned AGA for the State and perused the record.

¶6

By way of the instant application, the applicants have sought for quashment of the charge sheet no. Nil of 2017 dated 13.01.2017 and the entire proceeding in Case No.564 of 2017 State Vs. Balwant Singh and another, arising out of N.C.R. No.48 of 2014, under Setions 323, 504, 506 IPC, pending in the court of the Additional Chief Judicial Magistrate-I, Basti.

¶7

Contention has been raised on behalf of the applicants to the extent that in this case, the entire proceeding is in sheer abuse of process of the Court and there is no material on record justifying the filing of charge sheet against the applicants. The court below applied its mind mechanically and took cognizance of the charge sheet which too is sheer abuse of process of the court itself and, therefore, entire proceeding stands vitiated and need be quashed by this Court.

¶8

Learned AGA has opposed the prayer for quashment of the charge sheet and submitted that the material on record is sufficient justifying the filing of charge sheet and so taking of the cognizance in the aforesaid offence by the court below.

¶9

Considered the above submissions.

¶10

In this case, a gradual improvement in the statement of the prosecution witnesses and the informant as taken place, would be itself no reasonable ground to interfere in the ongoing

¶11

proceeding at this stage. However, if the factual scenario is the same as claimed by the applicants then the applicants have ground for seeking their discharge by alleging the same before the court below at the appropriate stage. For that count also, no good ground for interference is made out at this juncture. Accordingly, the prayer for quashment of the impugned charge sheet is refused.

¶12

However, the claim so raised before this Court ought to have been raised before the courts below while the applicants seek their discharge by moving the proper application, which may be heard and disposed of expeditiously by the courts below.

¶13

With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

¶14

Order Date :- 16.2.2018 rkg

Balwant Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Balwant Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balla and Another Vs State of U.P.

Ganesh Vs State

Santosh and 4 Others Vs State of U.P. and Another

S.P. Ratra Vs State of U.P. and Anr.

Sanjay @ Saneev Kumar and Anr. Vs State of U.P.

Vikas Pal and another Vs State of U.P. and another