Dismissed

Suresh Yadav and Another v. State of U.P. and Another

Allahabad HC21 Oct 2019A482/36705/2019

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court refused to quash the charge-sheet and prosecution proceedings. It held that disputed factual questions and defense cannot be adjudicated at this stage and only a prima facie view matters. The application was dismissed.

What did the court decide?

Refusal of quashing of charge-sheet and proceedings; direction for expedient bail consideration upon surrender.

Suresh Yadav and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 36705 of 2019

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Applicant :- Suresh Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet dated 3.10.2014 as well as further proceedings of S.S.T. No. 69 of 2019 (State Vs. Amar Singh and another) arising out of Case Crime No. 326 of 2014, under Sections 147, 504, 506, 427 IPC and 3(1) (X) of SC/ST Act, P.S. Ajeetmal, District- Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya.

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As per the allegations made in the first information report, it is alleged that on 3.8.2014 at about 8 p.m. the applicants alongwith 20-25 unknown persons in a drunken condition abused the victim and also assaulted her and had forcibly taken away gate and bamboos fixed at the nursery of the victim and also threatened her of life.

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Learned counsel for the applicants has submitted that the victim has not suffered any injury. Learned counsel for the applicants has next submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.

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Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima

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facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283 . The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the charge sheet as well as entire proceedings is therefore refused.

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However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.

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With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

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Order Date :- 21.10.2019 KU

Suresh Yadav and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Suresh Yadav and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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