Dismissed

Parvej v. State of U.P. and Anr.

Allahabad HC25 Feb 2020A482/850/2020

Case brief

AI extract

What is this about?

The Single Judge of Court No. 78 dismissed a petition under Section 482 CrPC seeking quashing of chargesheet. The Court held disputed facts could not be adjudicated at this stage and prima facie case was made out. Infertilling the petition, the Court directed expeditious bail disposal if applicant surrenders within 30 days.

What did the court decide?

Prayer to quash chargesheet and proceedings refused. Order for expeditious disposal of bail granted upon surrender within 30 days.

Parvej Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2020)

¶1

Court No. - 78

¶2

Case :- APPLICATION U/S 482 No. - 850 of 2020

¶3

Applicant :- Parvej Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash-VII,J.

¶5

Heard learned counsel for the applicant and the learned AGA for the State and perused the record.

¶6

This application under Section 482 CrPC has been filed with the prayer to quash the chargesheet as well as the entire proceedings of Case No.4633 of 2018 arising out of Case Crime No.396 of 2017 under Section 353 IPC and section 3/4 Prevention of Damage to Public Property Act, Police Station Bilari, District Moradabad pending in the Court of Chief Judicial Magistrate, Moradabad. Further prayer has been made to stay the proceedings of the aforesaid case.

¶7

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 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.

¶8

Learned AGA has opposed the prayer.

¶9

From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. 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 a prima facie case is to be seen in the light of the law laid down by 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 . The prayer made in the application is refused.

¶10

At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.

¶11

Hence, it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the applicant.

¶12

It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.

¶13

With the above observations, the application stands disposed of.

¶14

Order Date :- 25.2.2020 / ss

Parvej v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Parvej v. State of U.P. and Anr.

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

Pramod Kumar Rajpoot and Anr. Vs State of U.P. and Another

Chandra Shekhar Jha Vs State of U.P. and Another

Putti Lal Vs State of U.P. and Another

Dharmendra Kumar Saroj @ Dharmendra Kumar Kantaprasad Saroj Vs State of U.P. and 2 Others

Jagdish Prasad Dwivedi Vs State of U.P. and Another

Suhel @ Suhail Ahmad and 5 Others Vs State of U.P. and Another