Rajan Maurya and 5 Others v. State of U.P. and Another
Case brief
What is this about?
The court refused an Application under Section 482 Cr.P.C. to quash a charge-sheet and summoning order. The court held that factual questions required adjudication by the trial court and no exceptional case for quashing was made out. However, the court directed that bail applications be heard expeditiously if filed within 30 days.
What did the court decide?
Application for quashing refused; coercive action stayed for 30 days; direction to consider bail expeditiously if applied within 30 days.
What the court decided
Court No. - 51
Case :- APPLICATION U/S 482 No. - 14211 of 2022
Applicant :- Rajan Maurya And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
By means of this application under section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court for quashing of charge-sheet dated 03.02.2022 as well as summoning order dated 22.04.2022, passed by the Additional Chief Judicial Magistrate-I, Court No.12, Jaunpur in Case No. 304 of 2022 (State vs. Ranjana Pandey), arising out of Case Crime No. 286 of 2021, under Sections 147, 452, 323, 325, 308, 504, 506 IPC, P.S. Madiyahun, District Jaunpur.
It has been argued by the learned counsel for the applicants that the first information report has been lodged making false and baseless allegations. It was submitted that regarding the incident a non-cognizable report was lodged from the side of applicants and thereafter the first information report of this case has been lodged. Only general allegations have been level against all the accused persons including applicants. No specific role has been assigned to them. It was submitted that the impugned proceedings are abuse of process of Court and thus, liable to quashed.
Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants.
Issues for consideration
3 issues framed by the court
Whether the application for quashing FIR and summoning order under Section 482 Cr.P.C. should be allowed in the facts and circumstances of the case.
Whether the allegations constitute an offence or are prima facie made out against the applicants.
Whether the proceedings are manifestly attended with mala fide or instituted with an ulterior motive.
Parties & counsel
- applicant
Rajan Maurya and 5 Others
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- A482/14211/2022
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