Awnish Kumar Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

Awnish Kumar Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing refused. Protective directions: (i) if the applicant appears and surrenders before the court below within 45 days and applies for bail, his bail prayer shall be considered and decided in view of Amrawati v. State of U.P. (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh v. State of U.P. (2009 (3) ADJ 322 (SC)); (ii) no coercive measures shall be taken against the applicant for 45 days. Application finally disposed of.

Issue for consideration

Whether the charge sheet dated 02.04.2019, the summoning order dated 25.06.2019 and the entire proceedings of Criminal Case No. 807 of 2019 (arising out of Case Crime No. 039 of 2019, P.S. Kayamganj, District Farrukhabad, under Sections 354 and 323 I.P.C.) should be quashed under Section 482 Cr.P.C., the applicant contending that no offence is disclosed and the prosecution has been instituted mala fide to cause harassment.

Court's answer

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 applicant.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

Key takeaways

At this stage only a prima facie case is to be seen, in the light of the law laid down by the Supreme Court in R.P. Kapur v. State of Punjab, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq (para 10).ratio¶¶8
The prayer for quashing the entire proceeding of the aforesaid criminal case is refused.ratio¶¶9
If the applicant appears and surrenders before the court below within 45 days and applies for bail, his prayer for bail shall be considered and decided in view of the settled law in Amrawati v. State of U.P. (2004 (57) ALR 290) and the Apex Court judgment in Lal Kamlendra Pratap Singh v. State of U.P. (2009 (3) ADJ 322 (SC)).

Detailed headnote1 paragraphs

Allahabad High Court (Mrs. Manju Rani Chauhan, J.), Application U/S 482 No. 569 of 2020, decided 13.1.2020 — Quashing application under Section 482 Cr.P.C. against charge sheet dated 02.04.2019, summoning order dated 25.06.2019 and entire proceedings of Criminal Case No. 807 of 2019 (State Vs. Awnish Kumar), arising out of Case Crime No. 039 of 2019, P.S. Kayamganj, District Farrukhabad, under Sections 354, 323 I.P.C. HELD: (i) on the material on record it cannot be said that no offence is made out against the applicant at this stage; (ii) all submissions at the bar relate to disputed questions of fact which cannot be adjudicated under Section 482 Cr.P.C.; (iii) at this stage only a prima facie case is to be seen in the light of R.P. Kapur v. State of Punjab (AIR 1960 SC 866), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426), State of Bihar v. P.P. Sharma (1992 SCC (Cr.) 192) and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq (para 10) (2005 SCC (Cr.) 283). Prayer for quashing refused. Directions: applicant to appear and surrender before the court below within 45 days and apply for bail; bail to be considered and decided in view of Amrawati v. State of U.P. (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh v. State of U.P. (2009 (3) ADJ 322 (SC)); no coercive measures for 45 days. Application finally disposed of.

Court No. - 76

Case :- APPLICATION U/S 482 No. - 569 of 2020

Applicant :- Awnish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

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

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 02.04.2019 and summoning order dated 25.06.2019 as well as the entire proceedings of Criminal Case No. 807 of 2019 (State Vs. Awnish Kumar), arising out of Case Crime No. 039 of 2019, Police Station Kayamganj, District Farrukhabad, under Sections- 354, 323 I.P.C., pending in the court of learned Judicial Magistrate, Kayamganj, Farrukhabad.

The contention of learned counsel for the applicant is that no offence against the applicant 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 applicant involves factual disputes and appraisal of evidence.

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 applicant 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 .

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

However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his 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 45 days, no coercive measure shall be taken against the applicant in the aforesaid case.

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

Order Date :- 13.1.2020 Priya