Dismissed

Shivam @ Nand Kishor and 2 Others v. State of U.P. and Another

Allahabad HC29 Aug 2022A482/14916/2022

Case brief

AI extract

What is this about?

The application under section 482 Cr.P.C. seeking quashing of the summons order was dismissed as the FIR disclosed a cognizable offence supported by investigation material. The court refused further directions on bail, relying on existing Apex Court guidelines.

What did the court decide?

Application to quash summons order dismissed; prayer for bail directions rejected.

Shivam @ Nand Kishor and 2 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 14916 of 2022

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Applicant :- Shivam @ Nand Kishor And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhakar Awasthi,Deepak Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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This application has been filed for quashing of the summoning order dated 5.4.2022 passed by Addl. Civil Judge (J.D.)/ Judicial Magistrate, Court No. 2, Fatehpur in Case No. 8062 of 2020 arising out of case crime No. 255 of 2019 (State Vs. Karan Tiwari and others), under sections 147, 148, 452, 323, 325, 504 IPC, P.S. Ghazipur, District Fatehpur as well as charge sheet dated 3.1.2020.

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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 applicant.

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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 :- 29.8.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.08.31 12:33:00 IST Reason: Location: High Court of Judicature at Allahabad

Shivam @ Nand Kishor and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Shivam @ Nand Kishor 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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