Dismissed

Maharaj Singh and 2 Others v. State of Up and Another

Allahabad HC13 Dec 2019A482/44486/2019

Case brief

AI extract

What is this about?

The High Court refused the applicant's prayer to quash the charge sheet and criminal proceedings. No offence was conclusively held undischargeable as it involved factual disputes. However, the Court directed that surrender and bail applications be expedited within 45 days and barred coercive measures during this period.

What did the court decide?

Quashing of charge sheet and proceedings refused. Surrender and bail to be considered if applicants appear within 45 days; no coercive measures permissible.

Maharaj Singh and 2 Others Vs State of Up and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 44486 of 2019

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Applicant :- Maharaj Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava

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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 11.09.2018 and cognizance order dated 24.10.2019 as well as the entire criminal proceedings of Case No. 2003 of 2019 (State Vs. Maharaj Singh and others), arising out of Case Crime No.287 of 2018, under Sections- 379, 504, 506 I.P.C., Police Station-Lodha, District-Aligarh, pending in the court of learned Additional Chief Judicial Magistrate, Court no.5, Aligarh.

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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

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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, if possible on the same day, 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 applicants in the aforesaid case.

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

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Order Date :- 13.12.2019 JK Yadav

Maharaj Singh and 2 Others v. State of Up and Another

Case brief

What is this about?

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Maharaj Singh and 2 Others v. State of Up and Another

Case brief

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