Disposed

Veer Singh and 3 Others v. State of U.P. and Another

Allahabad HC28 Jan 2020A482/3577/2020

Case brief

AI extract

What is this about?

This quashing petition under Section 482 Cr.P.C. sought to quash a charge sheet alleging malafide prosecution and no offence. Rejecting the plea to quash on merits due to factual disputes, the Court directed that applicants 1 to 3 be allowed to surrender within 30 days and their bail prayer be considered in light of relevant settled law.

What did the court decide?

Direction to consider bail prayer of applicants 1 to 3 if they surrender before the court below within 30 days.

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

¶1

Court No. - 52

¶2

Case :- APPLICATION U/S 482 No. - 3577 of 2020

¶3

Applicant :- Veer Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Kumar Rai Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 17.05.2018 in Case Crime No. 48 of 2018, under Sections- 323, 504, 308 IPC, Police Station- Patawai, District- Rampur, pending in the court of Judicial Magistrate, Rampur.

¶7

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.

¶8

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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699 , therefore, no case for interference is made out.

¶9

At this stage, learned counsel for the applicants submits that applicant no.4 is already on bail and applicant nos. 1 to 3 are ready to surrender before the court concerned and prayed that some protection may be provided to the applicant nos. 1 to 3.

¶10

Considering the request of the applicants and in view of the

¶11

entirety of facts and circumstances of the case, it is directed that in case the applicant nos. 1 to 3 appear and surrender before the court below within 30 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.

¶12

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

¶13

Order Date :- 28.1.2020 Junaid

Veer Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Veer Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajad and 7 Others Vs State of U.P. and 5 Others

Sheela and 3 Others Vs State of U.P. and 3 Others

Ram Raj Patel Vs State of U.P. and Another

Mohd. Salim Vs State of U.P. and 2 Others

Nepal Singh Sagar Vs State of U.P. and Another

Brijesh Singh Vs State of U.P.