Partly allowed

Aakim and 3 Others v. State of U.P. and Another

Allahabad HC19 Nov 2019A482/40563/2019

Case brief

AI extract

What is this about?

The Court refused to quash the charge sheet or non-bailable warrant against applicants 1, 3, and 4 due to factual disputes unsuitable for Section 482 Cr.P.C. However, it stayed coercive measures for 45 days to facilitate surrender and bail consideration.

What did the court decide?

Quashing prayer refused; coercive measures stayed for 45 days to enable surrender and bail consideration.

Aakim and 3 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 40563 of 2019

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Applicant :- Aakim And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicants 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 charge sheet dated 03.03.2016 in Case Crime No.843 of 2015, under Sections 363 & 366 I.P.C. Police Station Majhaula, District Moradabad, as well as for quashing the N.B.W. dated 23.08.2018 issued against the applicants.

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The contention of learned counsel for the applicants is that no offence against the applicants 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 applicants 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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So far as applicant No.2-Nasir, is concerned, he has already been granted bail by this Court vide order dated 01.08.2017 passed in Crl. Misc. Bail Application No.25282 of 2017.

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The prayer for quashing the charge sheet as well as N.B.W. against applicant nos.1, 3 and 4 is refused. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant nos.1, 3 and 4 appear and surrender before the court below within 45 days

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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 45 days, no coercive measure shall be taken against the applicant nos. 1, 3 and 4 in the aforesaid case.

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

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Order Date :- 19.11.2019 Anand Sri./-

Aakim and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Aakim and 3 Others v. State of U.P. and Another

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