Dismissed

Boby and 3 Others v. State of U.P. and Another

Allahabad HC17 Jan 2020A482/1386/2020

Case brief

AI extract

What is this about?

The High Court refused the application to quash entire criminal proceedings pending before the Judicial Magistrate. It held that the merit of offence requires adjudication by the trial court and disputed facts cannot be considered at this stage, directing surrender for bail consideration within 30 days.

What did the court decide?

Application for quashing the entire criminal proceedings was refused. Applicants granted 30 days to appear and surrender for bail.

Boby and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 1386 of 2020

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Applicant :- Boby And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dwijendra Prasad 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 learned A.G.A. for the State.

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This application under Section 482, Cr.P.C. has been filed for quashing the impugned order dated 16.12.2019 and entire criminal proceedings of complaint case No. 807 of 2019 arising out of case crime No. 779 of 2018, under Sections 452, 307, 323, 504, 506 IPC, police station Sikandra Rao, district Hathras, pending in the court of Judicial Magistrate, Sikandra Rao, Distirct Hathras.

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The contention of the counsel for the applicants is that the applicants have been falsely implicated in this case due to some ulterior motive. It is further submitted that no offence is made out against the applicants and the learned trial court without appreciating the true facts wrongly rejected the discharge application of the applicants. He pointed out certain documents and statements in support of his contention.

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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 he is free to take all the submissions in the said discharge application before

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the Trial Court.

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The prayer for quashing the impugned order and entire criminal proceedings are refused .

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicant 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 :- 17.1.2020

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Ankita

Boby and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Boby and 3 Others v. State of U.P. and Another

Case brief

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