Dismissed

Mohd. Asfak v. State of U.P. and Another

Allahabad HC8 Nov 2021A482/15253/2021

Case brief

AI extract

What is this about?

The Court considered an application for quashing criminal proceedings and a charge sheet under Section 482 Cr.P.C. Finding that cognizable offences were disclosed and allegations supported by evidence, the prayer for quashing was rejected. The application for bail-related directions was disposed of by relying on existing Apex Court guidelines.

What did the court decide?

The prayer to quash the charge sheet and proceedings was rejected; the bail-related prayer was disposed of without specific directions.

Mohd. Asfak Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 15253 of 2021

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Applicant :- Mohd. Asfak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.,Syed Mohammed Jafer Husain

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Syed Mohammed Jafer Husain, learned counsel for O.P. No. 2 and perused the record.

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This application has been filed for quashing of the entire proceeding of Criminal Case No. 4734 of 2021 (State Vs. Isak Khan and others) pending in he court of A.C.J.M.-I, Fatehpur arising out of case crime no. 239 of 2020, under sections 323, 504, 325, 308 IPC, P.S. Khaga, District Fatehpur as well as impugned charge sheet No. 256 of 2020 dated 17.11.2021 and cognizance order dated 25.6.2021.

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On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.

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At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.

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As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

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With the aforesaid observations, the application is disposed off.

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Order Date :- 8.11.2021 RPD

Mohd. Asfak v. State of U.P. and Another

Case brief

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Mohd. Asfak v. State of U.P. and Another

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