Disposed

Ram Nath Yadav v. State of U.P. and Another

Allahabad HC25 Mar 2021A482/6479/2021

Case brief

AI extract

What is this about?

The single judge held that factual disputes preclude quashing the charge sheet under Section 482 Cr.P.C. as a prima facie case is made out against the applicant. The court directed the applicant to surrender within 30 days for bail consideration based on settled case law.

What did the court decide?

Application disposed with direction to surrender within 30 days to have bail prayer considered.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 6479 of 2021

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Applicant :- Ram Nath Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,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 charge sheet dated 18.03.2020, arising out of Case Crime No. 101 of 2020 (State Vs. Ram Nath Yadav), under Sections- 323, 504, 506, 427 I.P.C. and 3(1) Da & 3(1) Dha of S.C./S.T. Act, Police Station- Meja, District- Allahabad, pending in the court of Special Judge, S.C./S.T. Act, Allahabad.

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

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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. 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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699, therefore, no case for interference is made out.

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At this stage, learned counsel for the applicant submits that applicant is ready to surrender before the court concerned and prayed that some protection may be provided to the applicant.

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Considering the request of the applicant and in view of the

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entirety of facts and circumstances of the case, it is directed that in case 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 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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Order Date :- 25.3.2021 Junaid

Ram Nath Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Nath Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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