Dismissed

Ashok and 5 Others v. State of U.P. and Another

Allahabad HC18 Jan 2020A482/1445/2020

Case brief

AI extract

What is this about?

Held quashing of criminal proceedings under Section 482 CrPC refused as insufficient offence not made out is a disputed question of fact. Applicants granted one month to surrender and apply for bail pending which coercive action barred.

What did the court decide?

Application for quashing refused. Applicants granted one month to surrender for bail consideration during which no coercive action allowed.

Ashok and 5 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 1445 of 2020

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Applicant :- Ashok And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Ayub 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 entire proceedings of case No. 4890 of 2016 (State vs. Kuldeep and others), as well as charge-sheet dated 07.09.2014, arising out of case crime No. 435 of 2014, under Sections 147, 148, 336, 504, 506 IPC, Police Station Tajganj, District Agra, pending in the court of Additional Chief Judicial Magistrate-6, Agra.

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The contention of the counsel for the applicants is that it is a case of no injury. He further submitted that impugned order is not speaking and reasoned order and passed on proforma. He further submitted that no offence under the aforesaid sections is made out against the applicants and the Investigating Officer without appreciating fact submitted charge sheet against the applicants. He next submitted that 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 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 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 surrender before the court below within one month from today and apply 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 one month 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 :- 18.1.2020 v.k.updh.

Ashok and 5 Others v. State of U.P. and Another

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Ashok and 5 Others v. State of U.P. and Another

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