Dismissed

Mangalore Refinery and Petrochemicals Ltd. and Another v. State of U.P. and Another

Allahabad HC9 Dec 2022A482/16455/2008

Case brief

AI extract

What is this about?

In this quashing application under Section 482 Cr.P.C., the High Court held that disputed questions of fact preclude quashing at this stage. The court refused to quash the complaint and disposed of the bail prayer by relying on Apex Court guidelines without issuing specific directions.

What did the court decide?

Application for quashing of proceedings and interim bail direction dismissed; main application disposed off.

Mangalore Refinery and Petrochemicals Ltd. and Another Vs… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 16455 of 2008

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Applicant :- Mangalore Refinery And Petrochemicals Ltd. And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Dr. 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 proceedings of Complaint Case No. 1624 of 1999 (Dr. R.K.Dhaka Vs. Mangalore Refinery and Petrochemicals Ltd. and another) under Sections 403, 406, 420 I.P.C. Police Station Civil Lines, District Muzaffar Nagar pending before learned Chief Judicial Magistrate, District Muzaffar Nagar as well as to quash the order dated 02.12.2003 passed in the aforesaid case.

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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 applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 .

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The reliefs as sought by the applicants is refused.

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Interim order, if any, stands discharged.

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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 :- 9.12.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.12.12 17:30:36 IST Reason: Location: High Court of Judicature at Allahabad

Mangalore Refinery and Petrochemicals Ltd. and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mangalore Refinery and Petrochemicals Ltd. and Another v. State of U.P. and Another

Case brief

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What the court decided

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