Disposed

Shahabuddin and 4 Others v. State of U.P. and Another

Allahabad HC12 Jul 2019A482/11739/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing charge sheet and order of cognizance in a dowry harassment case was refused. Petitioners directed to surrender within 30 days for bail consideration. No coercive action to be taken for 30 days.

What did the court decide?

Prayer for quashing refused; surrender within 30 days for bail consideration directed; no coercive measure for 30 days.

Shahabuddin and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 11739 of 2018

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Applicant :- Shahabuddin And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dadhi Bal Yadav Counsel for Opposite Party :- G.A.,Aklank Kumar Jain,Anil Kumar Dubey

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Hon'ble Rajiv Joshi,J.

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Heard Shri Dadhi Bal Yadav, learned counsel for the applicants, Shri Anil Kumar Dubey on behalf of complainant O.P. No. 2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 09.01.2018 as well as the order of cognizance dated 09.03.2018 passed by Additional Chief Judicial Magistrate Gorkahhpur filed in Case No. 74 of 2018, arising out of Case Crime No. 66 of 2017, under Sections- 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station- Belaghat, District- Gorakhpur.

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The contention of learned counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

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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 applicants at this stage. All the submissions made at the bar, relate to the disputed questions 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.

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances

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of the case, it is directed that in case 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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For a period of 30 days, no coercive measure shall be taken against the applicants in the aforesaid case.

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

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Order Date :- 12.7.2019 Shivangi

Shahabuddin and 4 Others v. State of U.P. and Another

Case brief

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Shahabuddin and 4 Others v. State of U.P. and Another

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