Sunil Kumar v. State of U.P.
Case brief
What is this about?
The court disposed of an application to quash criminal proceedings under Section 482 CrPC. Holding that the issues involved disputed facts not suitable for adjudication at this stage, the court refused the prayer to quash but directed that a bail application would be considered if filed within thirty days following surrender, with no coercive action during that period.
What did the court decide?
No coercive action against the applicant for thirty days if they surrender and apply for bail within that period; the bail application will be considered thereafter.
What the court decided
Court No. - 78 Case :- APPLICATION U/S 482 No. - 6548 of 2020 Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the chargesheet, cognizance order dated 20.12.2019 as well as the entire proceedings in Case No. 2095 of 2019, arising out of Case Crime No. 130 of 2019, under Sections 419, 420, 468, 471 IPC and 15(3) Medical Council Act and Section 14 Clinical Establishment Act, Police Station Sasni Kotwali, District Hathras pending before the Additional Chief Judicial Magistrate, Hathras, and further to stay further proceedings of the aforesaid case.
It is submitted by the learned counsel of the applicant that the FIR has been lodged on false grounds while the applicant has not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute the offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of his contention.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
Issues for consideration
2 issues framed by the court
Whether the prayer to quash the chargesheet, cognizance order, and entire criminal proceedings under Section 482 CrPC is maintainable given the presence of disputed questions of fact.
Whether the offences levelled against the applicant can be said not to be made out at this stage to justify quashing the proceedings.
Parties & counsel
- applicant
Sunil Kumar
Coram
Om Prakash
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/6548/2020
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