Dismissed

Daljeet Singh v. State of U.P. and Another

Allahabad HC25 Nov 2019A482/41311/2019

Case brief

AI extract

What is this about?

The court dismissed an application under Section 482 Cr.P.C. seeking to quash a charge sheet for offenses including attempt to murder. It held that no offence was prima facie barred and the matter involved disputed facts suitable for trial or a separate discharge application. The application was also dismissed for laches due to unexplained delay.

What did the court decide?

The prayer for quashing the charge sheet and proceedings was refused, and the application was dismissed.

Daljeet Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 41311 of 2019

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Applicant :- Daljeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 15.6.2012 as well as proceedings of case No. 1663 of 2012, State Vs. Daljeet Singh, arising out of Case crime No. 304 of 2012, under sections, 307, 323, 504 I.P.C. P.S. Kasna, District Gautam Budh Nagar.

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As per the allegation made in the F.I.R., it is alleged that on 30.3.2012 at about 4.30 p.m. the applicant assaulted the victim with an intention to kill him due to which the victim suffered injuries on her person and has been advised for X- Ray.

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Learned counsel for the applicant has submitted that applicants have been falsely implicated in the present case. The applicant has already been released on bail.

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The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents 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 them. 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.

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At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the 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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The disputed defence of the accused cannot be considered at this stage. The applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they

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are free to take all the submissions in the said discharge application before the Trial Court. Moreover, the impugned charge sheet is of the year 2012 and the delay in approaching this Hon'ble Court has not been explained as such the application is also hopelessly barred by laches.

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in view of above, the prayer for quashing the charge sheet of the aforementioned case is refused.

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The application u/s 482 Cr.P.C. is dismissed.

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Order Date :- 25.11.2019 R

Daljeet Singh v. State of U.P. and Another

Case brief

What is this about?

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Daljeet Singh v. State of U.P. and Another

Case brief

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