Disposed

Bhagwati Charan Mahaur and Others v. State of U.P. and Another

Allahabad HC1 Apr 2022A482/11526/2010

Case brief

AI extract

What is this about?

Single-judge court refused to quash a charge-sheet under Section 482 Cr.P.C. as grounds could be decided by the trial court. Court directed the court below to decide bail according to Satender Kumar Antil if applicants surrender within three weeks, suspending coercive action temporarily.

What did the court decide?

Prayer for quashing refused. Coercive action stayed for three weeks contingent on appearance to apply for bail under Satender Kumar Antil guidelines.

Bhagwati Charan Mahaur and Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 11526 of 2010

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Applicant :- Bhagwati Charan Mahaur And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Chaudhary Counsel for Opposite Party :- Govt. Advocate,Akhilesh Srivastava

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. None present on behalf opposite party no.2.

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The instant application under Section 482 Cr.P.C. is moved by the applicants for quashing the charge-sheet no. 97 of 2006 dated 10.03.2007 in Criminal Case No. 261 of 2007 (State vs. Smt. Vedwati), arising out of Case Crime No. 669 of 2006, under Sections 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, pending before Additional Cheif Judicial Magistrate-II, Aligarh.

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It is submitted by learned counsel for the applicants that opposite party no.2 has lodged the first information report on the basis of wrong facts. No offence as alleged in the F.I.R. is made out against the applicants.

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Per contra, learned A.G.A. opposed the application and submitted that the genuineness of the allegations cannot be adjudicated by this Court by making roving enquiry in exercise of its jurisdiction under Section 482 Cr.P.C.

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From the perusal of record, it appears that grounds alleged in the application can be decided by the trial court, therefore, keeping in view the law laid down in M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & Ors, 2020 SCC Online SC 850 , I do not find any cogent reason to interfere in the charge-sheet filed against the accusedapplicants.

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Therefore, the prayer for quashing of charge-sheet is, hereby, refused.

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At this stage, learned counsel for the applicants has confined his argument and prayed to issue appropriate direction to the concerned Courts below to decide the bail application of the applicants in the light of law laid down by Hon'ble Apex court

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in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

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However, it is provided that in case the accused-applicants appear and surrender before the court below and move bail application within a period of three weeks from today, the court below shall consider and decide the bail application according to the law laid down in Satender Kumar Antil (supra) .

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For a period of three weeks from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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The present application under Section 482 Cr.P.C. is, accordingly, disposed of .

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Order Date :- 1.4.2022 Vikas

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Digitally signed by VIKAS VERMA Date: 2022.04.04 10:19:58 IST Reason: Location: High Court of Judicature at Allahabad

Bhagwati Charan Mahaur and Others v. State of U.P. and Another

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Bhagwati Charan Mahaur and Others v. State of U.P. and Another

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