Dismissed

Vijay Kant v. State of U.P and Another

Allahabad HC12 Mar 2021A482/4304/2021

Case brief

AI extract

What is this about?

The High Court refused to quash the charge-sheet under Section 482 Cr.P.C. as prima facie an offence was made out. It allowed the applicant 30 days to surrender and apply for bail, directing no coercive action during this period provided the applicant appears.

What did the court decide?

Prayer to quash charge-sheet refused; 30 days granted for surrender and filing of bail application pending which no coercive action to be taken.

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

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 4304 of 2021

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Applicant :- Vijay Kant Opposite Party :- State Of U.P And Another Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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

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This application under Section 482 Cr.P.C. has been filed for quashing of charge-sheet dated 13.11.2020 arising out of case crime no. 177 of 2019 as well as summoning order dated 01.12.2020 and proceedings of Case No. 794 of 2020 (State Vs. Vijay Kant), under Sections 3/7 Essential Commodities Act, Police Station Chandpa, District- Hathras, pending in the court of A.C.J.M. Hathras.

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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 malafide intentions for the purposes of harassment.

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From the perusal of 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. All the submissions made at the bar relates to the disputed question 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 the Supreme Court in case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court.

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The prayer for quashing the proceedings of case as well as charge-sheet is refused.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment 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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For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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

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Order Date :- 12.3.2021 AK Pandey

Vijay Kant v. State of U.P and Another

Case brief

What is this about?

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Vijay Kant v. State of U.P and Another

Case brief

What is this about?

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