Partly allowed

Sanjay Kumar and Another v. State of U.P. and Another

Allahabad HC20 Jan 2020A482/1323/2020

Case brief

AI extract

What is this about?

The High Court refused the application under Section 482 Cr.P.C. to quash the FIR and chargesheet. It held that facts are disputed and the matter requires a clear prosecution, leaving the accused to seek discharge. The Court directed appearance and bail application within 30 days to avoid coercive action.

What did the court decide?

Quashing prayer refused; appearance for bail within 30 days directed; coercive action stayed pending such appearance.

Sanjay Kumar and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 1323 of 2020

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Applicant :- Sanjay Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicants and the learned A.G.A.

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This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings as well as chargesheet dated 14.8.2019 in Case No. 708 of 2019 (State Vs. Mulchandra Gowami), under Sections 420, 504 I.P.C., arising out of Case Crime No. 04 of 2019, police station Baraur, district Kanpur Dehat, pending in the court of Judicial Magistrate, Bhognipur, District Kanpur Dehat.

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The contention of the 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 purposes of harassment. He further submits that applicants were only agent and have not received any money from anyone.

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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. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

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The prayer for quashing the proceedings is refused.

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However, it is provided that if the applicants appear and

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surrender before the court below within 30 days from today and applies for bail, then the bail application of the applicants be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of bail 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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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 20.1.2020 Vibha Singh

Sanjay Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Sanjay Kumar and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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