Dismissed

Dharma Singh and 2 Others v. State of U.P. and Another

Allahabad HC7 Dec 2019A482/45150/2019

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of proceedings for alleged offences under the Wild Life (Protection) Act and Forest Act, the court held that disputed facts cannot be adjudicated at this stage. The application was dismissed, though bail was permitted upon surrender.

What did the court decide?

Prayer for quashing entire criminal proceedings refused. Direction given to consider bail prayer upon surrender before the court below.

Dharma Singh and 2 Others Vs State of U.P. and… — Environment and Pollution | Allahabad HC (2019)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 45150 of 2019

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Applicant :- Dharma Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Singh,Ajai Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the order dated 21.1.2014 as well as entire criminal proceedings of Complaint Case No. 23/Etawah/2011-12 (New Case No. 47 of 2014), State Vs. Dharma Singh and others, under Section 26 of Forest Act and 27/29/50/51 of Wild Life (Protection) Act, 1972, P.S. Chakar Nagar, District- Etawah, pending in the court of Addl. Chief Judicial Magistrate- I, Etawah.

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As per the allegations made in the complaint, it is alleged that applicants are said to have cut down the green trees without due permission from the competent authority and has committed offence punishable under the aforesaid Act.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.

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Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992

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SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283 . The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the impugned order as well as entire proceedings is therefore refused.

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However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.

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With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

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Order Date :- 7.12.2019 KU

Dharma Singh and 2 Others v. State of U.P. and Another

Case brief

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Dharma Singh and 2 Others v. State of U.P. and Another

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