Disposed

Mohammad Ali and 4 Others v. State of U.P. and Another

Allahabad HC6 Jan 2020A482/16/2020

Case brief

AI extract

What is this about?

The Court refused the prayer to quash FIR, charge sheet, and proceedings in a criminal case involving Sections 147, 323, 504, 506, and 342 IPC. However, it directed that no coercive measures be taken for 45 days and that bail applications filed within this period be considered.

What did the court decide?

No coercive measure for 45 days; bail applications within 45 days to be considered.

Mohammad Ali and 4 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 16 of 2020

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Applicant :- Mohammad Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. M.J. Akhtar, learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 31st October, 2018, cognizance taking order dated 24th July, 2019 as well as the entire proceedings of Criminal Case No. 3051 of 2019 (State of U.P. Vs. Mohammad Ali & Others), arising out of Case Crime No. 246 of 2018, under Sections 147, 323, 504, 506 and 342 I.P.C., Police Station-Kuber Sthan, District-Kushinagar, pending in the Court of Judicial Magistrate, Kasiya, Kushinagar.

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The contention of learned 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.

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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 at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court 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 .

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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For a period of 45 days, no coercive measure shall be taken against the applicants in the aforesaid case.

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

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(Manju Rani Chauhan, J.)

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Order Date :- 6.1.2020 Sushil/-

Mohammad Ali and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Ali and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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