Dismissed

Jiut Prasad Gupta and 2 Others v. State of U.P.and Another

Allahabad HC27 May 2022A482/10579/2022

Case brief

AI extract

What is this about?

Application filed to quash charge-sheet and proceedngs under sections 419, 420, 506 IPC. Court held allegations disclose cognizable offence. Prayer for quashing rejected. No specific bail direction issued, relying on Apex Court guidelines.

What did the court decide?

Prayer for quashing of charge-sheet and proceedings rejected. No specific direction issued regarding bail as Apex Court guidelines are available to the lower court.

Jiut Prasad Gupta and 2 Others Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 10579 of 2022 Applicant :- Jiut Prasad Gupta And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manoj Kumar Singh,Sandeep Kumar Counsel for Opposite Party :- G.A.,Santosh Kumar Jaiswal

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, Sri Santosh Kumar Jaiswal, learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record.

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This application has been filed for quashing of the Charge-sheet dated 15.09.2018 alongwith Cognizance / summoning order dated 18.10.2021 as well as entire proceedings of Criminal Case No. 10570 of 2021 (State Vs. Jiut Prasad Gupta & Ors.), arising out of Case Crime No. 110 of 2018, under Sections 419, 420, 506 I.P.C., Police Station Kotwali, District Ghazipur, pending before the learned Chief judicial Magistrate, Ghazipur.

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On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicants.

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At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.

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As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

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With the aforesaid observations, the application is disposed off.

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Order Date :- 27.5.2022/Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.05.28 15:38:04 IST Reason: Location: High Court of Judicature at Allahabad

Jiut Prasad Gupta and 2 Others v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Jiut Prasad Gupta and 2 Others v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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