Dismissed

Smt. Lakhvinder Kaur and 3 Others v. State of U.P. and Another

Allahabad HC25 Nov 2019A482/42489/2019

Case brief

AI extract

What is this about?

Single judge application under Section 482 Cr.P.C. filed to quash a charge-sheet and trial proceedings alleging cheating. Court held that disputed facts cannot be adjudicated at this stage and prima facie case exists.

What did the court decide?

Prayer to quash charge-sheet dismissed. Applicants directed to surrender within 15 days for bail consideration; no coercive action until then.

Smt. Lakhvinder Kaur and 3 Others Vs State of U.P… — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 42489 of 2019

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Applicant :- Smt. Lakhvinder Kaur And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Amar Nath, learned Counsel for applicants, learned AGA for State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 30.9.2018 and entire proceeding of Case No. 217 of 2018, State vs. Kashmir Singh and others, (Case Crime No. 1138 of 2017, under Sections 420, 406 I.P.C., Police Station Kairana, District Shamli, pending in the court of Additional Chief Judicial Magistrate, Kairana.

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The contention of the learned counsel for applicants is that no offence against applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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Per contra, learned AGA opposed the prayer.

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From the perusal of the material available on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicants. All the submission made at the Bar relates to the disputed question 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 the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.

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I am not inclined to interfere in the matter and prayer is refused.

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However, it is directed that in case the applicants appear and surrender before the court below within 15 days from today and apply for bail, Trial Court is expected, while considering their bail, to bear in mind, established law by Hon'ble Apex Court and the law laid down by the Division Bench of this Court in

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Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.

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For a period of 15 days from today or till surrender of applicants, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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In view thereof, application is disposed of.

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Order Date :- 25.11.2019 Manoj

Smt. Lakhvinder Kaur and 3 Others v. State of U.P. and Another

Case brief

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Smt. Lakhvinder Kaur and 3 Others v. State of U.P. and Another

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