Partly allowed

Akil Qureshi and 10 Ors. v. State of U.P. and Anr.

Allahabad HC3 Jan 2020A482/38925/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking to quash criminal proceedings, the High Court refused quashing but directed that upon surrendering and applying for bail within 30 days, the applications for bail would be considered and coercive action stayed.

What did the court decide?

Quashing of proceedings refused; Liberty to surrender and apply for bail within 30 days for consideration; Coercive action stayed if applicants appear.

Akil Qureshi and 10 Ors. Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 38925 of 2018

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Applicant :- Akil Qureshi And 10 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Kalim Counsel for Opposite Party :- G.A.,Hirdesh Kumar Yadav,Sushma Yadav

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Hon'ble Rajiv Gupta, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceeding of Case No. 1538 of 2018, "State Vs. Akil Qureshi and others", under Sections 147, 148, 149, 323, 504, 506, 427, 325 I.P.C and 7 Criminal Law Amendment Act, 2013, Police Station - Zamania, District - Ghazipur alongwith chargesheet dated 20.07.2018 and cognizance order dated 05.09.2018 against the applicants, arising out of Case Crime No. 79 of 2018, Police Station - Zamania, District Ghazipur, pending in the Court of Additional Chief Judicial Magistrate, Ghazipur.

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As per the allegation made in the F.I.R, it is alleged that on 25.05.2018 at about 05:30 p.m. the applicants armed with Lathi-Danda and illegal weapons forcibly reached at the door of the victim and abused and assaulted them by Lathi-Danda and also by kicks and fists. On account of assault

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made by the applicants, the accused-applicants Zameer Siddiqui, Zahid Siddiqui, Azeez & Talha Siddiqui have suffered injuries on their persons and have been medically examined.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a mala-fide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

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Per contra, learned A.G.A has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, prima-facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.

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At this stage only prima facie case is to be seen in the light of the law laid down by the 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.

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The prayer for quashing the charge sheet as well as proceedings of the aforementioned case is refused.

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However, it is directed that if the applicants 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 settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. 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 :- 03.01.2020. Vinod.

Akil Qureshi and 10 Ors. v. State of U.P. and Anr.

Case brief

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Akil Qureshi and 10 Ors. v. State of U.P. and Anr.

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