Partly allowed

Shahnawaj @ Shanu v. State of U.P. and Anr.

Allahabad HC12 Apr 2019A482/10151/2019

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. petition, the High Court refused the application to quash criminal proceedings for Sections 498A, 323, 504, 506 IPC and Section 34 D.P. Act upon finding a prima facie case. However, the court directed that bail would be considered if the applicant surrendered within 30 days.

What did the court decide?

Quashing of proceedings refused. Liberty to surrender within 30 days to seek bail without coercive action.

Shahnawaj @ Shanu Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 10151 of 2019

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Applicant :- Shahnawaj @ Shanu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijai Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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The present 482 Cr.P.C. petition has been filed for quashing the entire criminal proceedings initiated in pursuance of the impugned charge sheet dated 18.7.2017 submitted by the police of Police Station - Mahila Thana, District Moradabad in Computer Case No. 1658 of 2018, C.N.R. No. U.P.MO-04004294- 2018 in Crime No. 221 of 2017, under Sections 498A,323,504 ,506 I.P.C. and Section 34 of D.P. Act Police Station -Mahila Thana, District Moradabad, pending before Additional Chief Judicial Magistrate Court No. IVth, Moradbad.

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The contention of learned counsel for the applicant is that no offence against the applicant is 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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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 applicant. All the submission made at the bar relates to the disputed question of fact, 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 prayer for quashing the summoning order is refused.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case

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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. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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

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Order Date :- 12.4.2019 aks

Shahnawaj @ Shanu v. State of U.P. and Anr.

Case brief

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Shahnawaj @ Shanu v. State of U.P. and Anr.

Case brief

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