Dismissed

Samarjeet and 3 Others v. State of U.P. and Another

Allahabad HC4 Aug 2021A482/9945/2021

Case brief

AI extract

What is this about?

Single judge dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings, including a non-bailable warrant. The court held the application was untenable as the applicant failed to contest disputed questions of fact, instead agreeing to surrender.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; no bail or quashing granted.

Samarjeet and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 9945 of 2021

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Applicant :- Samarjeet And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Shri Manoj Srivastava, learned counsel for the applicants and Shri Pankaj Saxena, learned AGA-I appearing for State opposite party.

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The present application under section 482 Cr.P.C. has been filed seeking to quash the non-bailable warrant order dated 28.11.2019, charge sheet no. 712/2018 dated 16.12.2018, cognizance order dated 05.04.2019 as well as proceedings of Case No. 269 of 2019 (State vs Samarjeet and others) arising out of Case Crime No. 583 of 2018 under sections 323, 452, 504, 506, 308 IPC against the applicant no. 1, 3 & 4, Police Station-Handia, District Allahabad, pending in the court of Additional Chief Judicial Magistrate, Court no. 8, Allahabad.

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

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Learned AGA-I submits that the aforesaid contention would relate to disputed questions of fact and appreciation of evidence, which would be beyond the purview and scope of proceedings under Section 482 Cr.P.C.

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Leaned counsel for the applicant has not been able to dispute the aforesaid factual and legal position and fairly states that he does not wish to press the reliefs as prayed for in the application.

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Learned counsel states that the applicants would surrender before the court below and apply for recall of the order dated 28.11.2019 in terms of which nonbailable warrant has been issued.

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Needless to say, in case any such application is moved, the court below would be expected to dispose of the same in accordance with the settled principles of law.

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Subject to the aforesaid observation, the application stands dismissed .

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Order Date :- 4.8.2021 Kirti

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(Dr. Y.K. Srivastava, J)

Samarjeet and 3 Others v. State of U.P. and Another

Case brief

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Samarjeet and 3 Others v. State of U.P. and Another

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