Partly allowed

Mohd. Shamshad Ahmad and 3 Others v. State of U.P. and Another

Allahabad HC12 Jul 2019A482/18081/2013

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash charge-sheet in a cognizable offence arising from a counter-blast dispute. Court held prima facie case exists excluding disputed defenses, refused quashing but granted temporary relief from coercive action for 30 days if applicants surrender and apply for bail.

What did the court decide?

Prayer to quash charge-sheet refused. Applicants granted exemption from coercive action for 30 days conditional upon appearance and bail application.

Mohd. Shamshad Ahmad and 3 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 18081 of 2013

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Applicant :- Mohd. Shamshad Ahmad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sadhu Sharan Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Sadhu Sharan, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.

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This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet no. 04 of 2013 dated 25.04.2013 arising out of Case Crime No. 125 of 2013 under Sections 325, 323, 504, 506 I.P.C. & Section 3 (1) X S.C./S.T. Act P.S. Ranipur, District Mau in Criminal Case No. 1578 of 2013 pending before the court of C.J.M., Mau.

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The service upon O.P. No.2 is being held sufficient. As per office report dated 9.05.2019, notice has been duly served upon him but none appears on his behalf.

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Learned counsel for the applicant has stated that the accused side also received injuries which were caused by the O.P. No.2. The present case has been lodged by the O.P. No.2 as counter-blast and after the investigation, police has submitted charge-sheet in routine manner which needs to be quashed.

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Learned A.G.A. has vehemently opposed the prayer of quashing and stated that offence under Section 325 I.P.C. is also made out on the basis of evidence gathered by the police which is a cognizable offence.

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Injury which has been caused on the side of O.P. No.2, memo of the same has not been annexed. Police has submitted charge-sheet after investigation. The statements which have been recorded by the I.O. cannot be disbelieved at this stage in proceeding under Section 482 Cr.P.C.

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From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed

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questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9 . The disputed defense of the accused cannot be considered at this stage.

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The prayer for quashing the charge-sheet is refused.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail then their bail application shall be considered and decided in accordance with law. 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 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 :- 12.7.2019 A. Mandhani

Mohd. Shamshad Ahmad and 3 Others v. State of U.P. and Another

Case brief

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Mohd. Shamshad Ahmad and 3 Others v. State of U.P. and Another

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