Deepak Vishwas v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 Cr.P.C. to quash charge sheet and stay proceedings in a criminal case was refused as it involved disputed facts and a prima facie case was made out. Separate direction given for surrender and bail.
What did the court decide?
Prayer to quash charge sheet refused; direction given for expeditious disposal of bail application upon surrender within 30 days.
What the court decided
Court No. - 74
Case :- APPLICATION U/S 482 No. - 1291 of 2020
Applicant :- Deepak Vishwas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet as well as proceedings of criminal case no. 3059 of 2018 (State Vs. Deepak Vishwas) arising out of crime no. 244 of 2017, under Sections 494, 420 IPC, Police Station Amaria, district Pilibhit pending in the court of Judicial Magistrate, Pilibhit. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted by the learned counsel for the applicant that the FIR has been lodged on false grounds while the applicant had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of the contention.
Learned A.G.A. has opposed the prayer.
Issues for consideration
2 issues framed by the court
Whether the charge sheet should be quashed under Section 482 Cr.P.C. due to lack of essential ingredients for the offence.
Whether disputed questions of fact can be adjudicated by the High Court at this stage.
Parties & counsel
- applicant
Deepak Vishwas
- respondent
State of U.P.
Coram
Om Prakash
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/1291/2020
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