Dismissed

Anirudh Nishad v. State of Up and Another

Allahabad HC23 Mar 2018A482/9479/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to quash criminal proceedings alleging malafide prosecution. Court refused quashing as disputed facts cannot be adjudicated, granting 30 days for surrender and bail consideration.

What did the court decide?

Prayer to quash proceedings refused; direction to surrender within 30 days for bail consideration; coercive action stayed for 30 days pending surrender.

Anirudh Nishad Vs State of Up and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 9479 of 2018

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Applicant :- Anirudh Nishad Opposite Party :- State Of Up And Another Counsel for Applicant :- Kailash Nath Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicants and learned A.G.A.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 971/2017 (State vs. Anirudh) arising out of case crime no. 508 of 2017, u/s 323, 504, 427, 325, 308 IPC, P.S. Kerakat, District Jaunpur and charge-sheet dated 15.7.2017.

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The contention of the counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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Per contra learned A.G.A. Submitted that 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. The submissions made by learned counsel for the applicants relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court 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 . The disputed defence of the accused cannot be considered at this stage.

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The submissions made by learned A.G.A. have force.

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The prayer for quashing the proceedings of the aforementioned case and the chargesheet is refused.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided 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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In view of the statement made by counsel for the applicants that the applicant nos. 3 and 4 are minor boys as stated in para-17 of the affidavit, the court below shall consider their bail on compassionate ground and in case, any such application is filed for declaring juvenile on their behalf, the same shall be referred to Juvenile Justice Board on being prima facie satisfied about their being juvenile in conflict with law.

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For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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

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Order Date :- 23.3.2018 Dhirendra/

Anirudh Nishad v. State of Up and Another

Case brief

What is this about?

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Anirudh Nishad v. State of Up and Another

Case brief

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