Disposed

Shamshad Ahmad and Another v. State of U.P. and Another

Allahabad HC17 Jan 2020A482/1944/2020

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CrPC seeking quashing of proceedings based on disputed facts. The court observed that facts cannot be adjudicated at this stage and refused the quashable prayer. However, it directed that if applicants surrender and apply for bail within 30 days, an anticipatory bail direction shall be given.

What did the court decide?

Application for quash dismissed. Observation made regarding bail if surrendered within 30 days.

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

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Court No. - 74 Case :- APPLICATION U/S 482 No. - 1944 of 2020 Applicant :- Shamshad Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicants and the learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed with the prayer to quash the entire proceedings in Case No. 820 of 2019, arising out of Case Crime No. 0175 of 2018, under Sections 498-A, 323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Allahabad (Prayagraj) pending before the Additional Chief Judicial Magistrate, Court No. 17, Allahabad and further to stay further proceedings of the aforesaid case.

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It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention.

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Learned AGA has opposed the prayer.

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I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.

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As is evident, 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 . From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. Hence, prayer made in the application is refused.

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In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicants be given.

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Hence, it is observed that in case applicants surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicants.

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It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.

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With the aforesaid observations, the application stands disposed of.

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Order Date :- 17.1.2020/safi Order Date :- 17.1.2020/safi

Shamshad Ahmad and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shamshad Ahmad and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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