Disposed

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

Allahabad HC16 Dec 2019A482/42620/2019

Case brief

AI extract

What is this about?

The High Court refused the quashing of FIR under Section 482 Cr.P.C. as factual disputes remained. However, the Court directed no coercive measures for 45 days and allowed the applicants to apply for bail if they surrendered within that period.

What did the court decide?

No coercive measure to be taken against applicants for 45 days; bail prayer to be considered if they surrender.

Sherdeen and Another Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 42620 of 2019

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Applicant :- Sherdeen And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Gyan Chandra Yadav, 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 24th March, 2008 submitted in Case Crime No. 80 of 2008, under Sections 323, 324, 504, 506, 294 and 336 I.P.C., Police Station-Bhawanpur, District-Meerut, the order dated 24th August, 2018 passed by the Additional Chief Judicial Magistrate, Court No. 9, Meerut Bhawanpur, DistrictMeerut as also the order dated 16th September, 2019 passed by the Additional Sessions Judge, Court No. 15, Meerut in Criminal Revision No. 470 of 2018 (Sherdeen & Another Vs. Sate of U.P. & Another).

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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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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 45 days 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

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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 applicants in the aforesaid case.

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

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(Manju Rani Chauhan, J.)

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Order Date :- 16.12.2019 Sushil/-

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

Case brief

What is this about?

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

Case brief

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