Dismissed

Pradeep Patel v. State of U.P. and Another

Allahabad HC5 Jul 2021A482/9645/2021

Case brief

AI extract

What is this about?

The High Court dismissed the application to quash the charge sheet and proceedings under Section 482 Cr.P.C. It held that disputed questions of fact preclude quashing at this stage but directed the lower court to dispose of the bail application expeditiously.

What did the court decide?

The prayer for quashing the charge sheet and entire proceeding is refused. Bail application directed to be considered expeditiously.

Pradeep Patel Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 9645 of 2021

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Applicant :- Pradeep Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amarnath Tripathi 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 through video conferencing and learned A.G.A. is present in the Court.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 22.11.2019 and cognizance order dated 25.06.2020 as well as entire proceeding of Case No.8643 of 2020 (State Vs. Pradeep Patel), arising out of Case Crime No.1161 of 2019, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Cantt., district Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.

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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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Per contra learned A.G.A. submitted that 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. 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.

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The submission made by learned A.G.A. have force.

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

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After considering the submissions advanced by learned counsel for the parties and considering the facts and circumstances of the case, the application is finally disposed of with a direction that if the applicant appears before the court below and applies for bail, his bail application shall be considered and decided expeditiously by the court below in according with law as per 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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Order Date :- 5.7.2021

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R./

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Digitally signed by Justice Ajit Singh Date: 2021.07.13 17:57:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Pradeep Patel v. State of U.P. and Another

Case brief

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Pradeep Patel v. State of U.P. and Another

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