Application under Section 482 Cr.P.C. to quash charge sheet and proceedings. Application refused due to factual disputes. Directions granted for bail consideration if applicants surrender within 30 days.
Prayer to quash refused; bail to be considered if applicants surrender within 30 days; no coercive action for 30 days.
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Court No. - 6 Case :- APPLICATION U/S 482 No. - 3898 of 2020 Applicant :- Mohammad Ayub And 9 Othes Opposite Party :- The State Of Up And Another Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan
Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 6.4.1999 as well as the entire proceedings of Case No. 1299 of 1999 renumbered as 2977 of 2011, arising out of Case Crime No. 145A of 1997, under Sections- 454, 380, 427 I.P.C., Police Station- Mantola, District- Agra, pending in the court of A.C.J.M-6, Agra.
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.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 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.
For a period of 30 days from today, no coercive action shall be taken against the applicant in the aforesaid case.
With the aforesaid directions, this application is finally disposed of .
Order Date :- 25.8.2020 A.K.Srivastava
2 issues framed by the court
Whether the charge sheet and proceedings disclosed no offence warranting quashment under Section 482 Cr.P.C.
Whether applicants should be granted bail upon surrender within 30 days.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Mohammad Ayub And 9 Othes
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
