Dismissed

Chandan Gupta Alias Lalu v. State of U.P. and Another

Allahabad HC23 Jan 2020A482/1392/2020

Case brief

AI extract

What is this about?

High Court refused the applicant's prayer to quash criminal proceedings instituted for offences under Sections 354, 506, and 294 IPC, holding that disputed questions of fact regarding evidence and malafide cannot be adjudicated at this stage under Section 482 Cr.P.C.

What did the court decide?

Prayer for quashing refused; directorion to consider bail expeditiously upon surrender within 30 days; no coercive action for 30 days.

Chandan Gupta Alias Lalu 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. - 1392 of 2020

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Applicant :- Chandan Gupta Alias Lalu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Supplementary affidavit filed on behalf of applicant which is taken on record.

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Heard learned counsel for the applicant 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 summoning order dated 09.09.2019 as well as the entire proceedings of criminal case No. 3312 of 2019, arising out of case crime No. 134 of 2019, under Sections 354, 506, 294 IPC, police station Kachhwa, district Mirzapur, pending in the court of Additional Civil Judge (Senior Division), Mirzapur.

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The contention of the counsel for the applicant has been falsely implicated in the present case and learned trial court taking cognizance without appreciating fact and without application of mind and the investigating officer submitted charge sheet against the application without collecting sufficient evidence. He further submitted that applicant has been granted anticipatory by Incharge/Additional Session Judge, Fast Track Court, Mirzapur. He next submitted that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. 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 applicant. 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.

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Moreover, the applicant has 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 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 applicant appears and surrenders before the court below within 30 days from today and applies 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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

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Order Date :- 23.1.2020 v.k.updh.

Chandan Gupta Alias Lalu v. State of U.P. and Another

Case brief

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Chandan Gupta Alias Lalu v. State of U.P. and Another

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