Dismissed

Mubarak Ali and 3 Others v. State of U.P. and Another

Allahabad HC22 May 2019A482/4037/2017

Case brief

AI extract

What is this about?

Single Judge dismissed an application under Section 482 CrPC seeking quashment of a charge sheet. The court held that no good ground was made out for quashing the proceedings under IPC Sections 498A, 323, 504, 506 and the Dowry Prohibition Act as the material justified the filing.

What did the court decide?

Prayer for quashment of the charge sheet and entire proceedings refused and application dismissed.

Mubarak Ali and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 4037 of 2017

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Applicant :- Mubarak Ali And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raghvendra Dwivedi,Arun Kumar Pandey Counsel for Opposite Party :- G.A.,Syed Mohammad Abbas Abdy

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.

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By way of the instant application, the applicants have sought for quashment of the charge sheet dated 02.08.2016, no.371 of 2016, in Case Crime No.444 of 2016 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chakeri, District Kanpur Nagar and the entire proceeding of the aforesaid case.

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Contention has been raised on behalf of the applicants to the extent that in this case, the entire proceeding is in sheer abuse of process of the Court and there is no material on record justifying the filing of charge sheet against the applicants. There is no apparent error exist against the applicants. The court below applied its mind mechanically and took cognizance of the charge sheet which too is sheer abuse of process of the court itself and, therefore, entire proceeding stands vitiated and need be quashed by this Court.

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Learned counsel for opposite party no.2 and learned A.G.A. has opposed the prayer for quashment of the charge sheet and submitted that the material on record is sufficient justifying the filing of charge sheet and so taking of the cognizance in the aforesaid offence by the court below.

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Considered the above submissions and the contents disclosed in the first information report and charge sheet. No good ground is made out for quashment of the impugned charge sheet. Accordingly, the prayer for quashment of the impugned charge sheet is refused.

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Consequently, the instant application is dismissed.

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The applicants are required to appear before the court concerned on 30.05.2019 in this case.

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Order Date :- 22.5.2019 rkg

Mubarak Ali and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mubarak Ali and 3 Others 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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