Criminal Revision filed to quash charge sheet and summons. Court rejected quashing prayer, finding allegations revealed cognizable offence. No specific direction issued on bail as guidelines already exist.
No. Application for quashing charge sheet and summons rejected. No direction issued for bail consideration.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 11713 of 2022
Applicant :- Virendra Singh Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the charge sheet dated 10.1.2021 as well ass summoning order dated 18.2.2021 passed in Session Case No. 191 of 2021 arising out of Case Crime no. 293 of 2020, under sections 323, 504, 506 IPC and section 3(1)Dha of SC/ST Act, P.S Chirgaon, District Jhansi pending before Special Judge (s/ST Act), Jhansi.
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 applicant.
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.
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.
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.
With the aforesaid observations, the application is disposed off.
Order Date :- 14.9.2022
RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.09.15 18:08:06 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the court should quash the charge sheet and summons in a criminal case arising under sections 323, 504, 506 IPC and section 3(1)(d)(a) SC/ST Act.
Whether directions are required for the lower court to consider bail prayer in the absence of the applicants' arrest.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶10
Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021)
1 provisions across 1 enactments
Virendra Singh Yadav And 3 Others
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
