Partly allowed

Rajendra v. State of U.P. and Another

Allahabad HC8 Jan 2021A482/16266/2020

Case brief

AI extract

What is this about?

High Court dismissed the application to quash criminal proceedings for lack of offence disclosure and factual disputes. However, the court directed the applicant to surrender within 15 days for bail consideration, with no coercive action pending, unless he fails to appear.

What did the court decide?

Prayer to quash refused; applicant directed to surrender before court below within 15 days for bail consideration, subject to no coercive action during this period if complied upon.

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

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 16266 of 2020

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Applicant :- Rajendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Lal Shukla,Prem Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet, cognizance order as well as the entire proceedings of Case No. 870 of 2020 (State Vs. Rajendra) arising out of Case Crime No. 0277 of 2019, under Sections - 452, 323, 307, 504 I.P.C., Police StationRabupura, District- Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate - IIIrd, Gautam Budh Nagar.

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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.

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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. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. 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.

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

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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 15 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.

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

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Till then no coercive action shall be taken against the applicant.

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However, in case, the applicant does not appear before the court below

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within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

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Order Date :- 8.1.2021 LBY

Rajendra v. State of U.P. and Another

Case brief

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Rajendra v. State of U.P. and Another

Case brief

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