Partly allowed

Nasru and Another v. State of U.P. and Another

Allahabad HC1 Nov 2019A482/39159/2019

Case brief

AI extract

What is this about?

In a Section 482 Cr.PC application to quash a charge sheet under the U.P. Prevention of Cow Slaughter Act, the Court held that disputed questions of fact precluded quashing at this stage as a prima facie case existed. The Court refused quashing but directed the applicant to surrender within 30 days for bail consideration, staying coercive action during this period.

What did the court decide?

Application for quashing rejected but applicant allowed to surrender within 30 days for bail consideration with a stay on coercive action.

Nasru and Another Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 39159 of 2019

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Applicant :- Nasru And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicant, Sri Sanjay Singh, learned AGA - I, for the State.

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This application has been filed under section 482 Cr.PC with a prayer seeking stay/quashing of the charge sheet dated 26.3.2019, under section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Case Crime No. 216/2018, Police Station- Sakeet, District- Etah, pending in the court of CJM Etah.

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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 purpose 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 submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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The prayer for quashing the charge sheet as well as to stay the further proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is directed, that in case applicant appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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 above directions, present application is disposed off.

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Order Date :- 1.11.2019 ssm

Nasru and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nasru and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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