Dismissed

Jawahir and 3 Other v. State of U.P. and Another

Allahabad HC20 Jul 2022A482/12754/2022

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of FIR and charge-sheet in an assault case. The court rejected the quashing prayer as allegations were credible. It held no specific bail directions were needed as Supreme Court guidelines suffice for the lower court. Application disposed.

What did the court decide?

Quashing of FIR and charge-sheet rejected; prayer for bail directions dismissed; application disposed.

Jawahir and 3 Other Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 83 Case :- APPLICATION U/S 482 No. - 12754 of 2022 Applicant :- Jawahir And 3 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar,Yashpal Yadav Counsel for Opposite Party :- G.A.

¶2

Hon'ble Gautam Chowdhary,J.

¶3

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶4

This application has been filed for quashing of the proceedings of Case No. 363 of 2021 (State Vs. Jawahir and others) arising out of Case Crime No. 218 of 2020, under sections 323, 324, 308, 336, 452, 504, 506 IPC at Police Station Raunapur, District Azamgarh pending before A.C.J.M. Court No.10, Azamgarh as well as to quash the charge-sheet dated 18.01.2022.

¶5

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.

¶6

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.

¶7

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.

¶8

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.

¶9

With the aforesaid observations, the application is disposed off. Order Date :- 20.7.2022/Abhishek Singh

¶10

Digitally signed by ABHISHEK SINGH Date: 2022.07.21 17:33:33 IST Reason: Location: High Court of Judicature at Allahabad

Jawahir and 3 Other v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jawahir and 3 Other v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Wasim Ahmad Vs State of U.P. and Another

Mirajul Hasaon Vs State of U.P. and Another

Rajesh Kumar Shukla Vs State of U.P. and Another

Smt Mohniti Raina and Another Vs State of U.P. and 2 Others

Ashok Kumar Gautam Vs State of U.P. and Another

Anil Kumar Vs State of U.P. and Another