Disposed

Pawan Sahu v. State of U.P. and Another

Allahabad HC13 Sept 2021A482/16242/2021

Case brief

AI extract

What is this about?

The Single Judge disposed of an application under Section 482 CrPC seeking quashing of criminal proceedings. The learned AGA submitted that the applicant's contentions involved disputed facts beyond the court's power. Consequently, the applicant declined to press reliefs, shifted to seek bail, and the application was disposed of without entertaining any relief.

What the court decided

AI extract

Pawan Sahu Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2021)

¶1

Court No. - 84

¶2

Case :- APPLICATION U/S 482 No. - 16242 of 2021 Applicant :- Pawan Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amarjeet Singh,Ram Dhari Saroj Counsel for Opposite Party :- G.A.

¶3

Hon'ble Dr. Yogendra Kumar Srivastava,J.

¶4

Heard Sri Amarjeet Singh, learned counsel for the applicant and Sri Arvind Kumar, learned AGA for the State opposite party.

¶5

The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Criminal Case no. 269 of 2021 (State Vs Pawan) pending before the Court of Judicial Magistrate Court no. 3, Allahabad arising out of case crime no. 123 of 2020 under section 354, 323, 506 I.P.C., Police Station-Ghoorpur, District-Prayagraj as well as charge sheet no. 198 of 2020 dated 12.7.2020 along with cognizance order dated 22.5.2021.

¶6

Counsel for the applicant has sought quashing of the proceedings by referring to the factual aspects of the case and the defence which is to be set up on behalf of the applicant.

¶7

Learned AGA submits that the aforesaid contention would relate to disputed questions of fact and would involve appreciation of evidence, which would be beyond the scope and purview of powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.

¶8

Learned counsel for the applicant has not been able to dispute the aforesaid legal position and fairly submits that he does not wish to press the reliefs, as prayed for in the application. The reliefs sought are therefore, not entertained.

¶9

Learned counsel states that the applicant would submit to the jurisdiction of the court below and seek bail.

¶10

In case any such application is moved by the applicant, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.

¶11

The application stands disposed of accordingly .

¶12

Order Date :- 13.9.2021/Kirti

¶13

(Dr. Y.K. Srivastava, J)

Pawan Sahu v. State of U.P. and Another

Case brief

What is this about?

What the court decided

Pawan Sahu v. State of U.P. and Another

Case brief

What is this about?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chanda Kha and Another Vs State of U.P. and Another

Vindadeen Vs State of U.P. and Another

Smt. Priyanka @ Simmi Vs State of U.P. and Another

Balchand Vs the State of U.P.and 2 Others

Shyamendra Pratap Singh Vs State of U.P. and Another

Rahul Yadav Vs State of U.P. and Another