Ajay Narayan Pandey Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Ajay Narayan Pandey Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the entire proceedings of Crl. Case no. 92 of 2022 arising out of Case Crime No. 354 of 2020 (sections 379, 411 IPC) and the cognizance order dated 5.1.2022 should be quashed under section 482 Cr.P.C. +1 more

Court's answer

In exercise of its power under section 482 Cr.P.C., this Court is not required to assess the correctness of the allegations or the reliability of the material collected during the course of investigation.

Ratio / Principle

Since the allegations in the first information report disclose commission of a cognizable offence and find support in the investigation material on the basis whereof a charge sheet has been laid, the prayer to quash the charge sheet and the consequential proceedings is rejected.

Key takeaways

As the Apex Court has already laid down guidelines for grant of bail in Satendra Kumar Antil, without fettering the discretion of the courts concerned and the statutory provisions governing grant of bail, no specific direction need be issued by this Court; the court concerned is expected to take those guidelines into consideration when dealing with the applicant's bail prayer.ratio¶10

Detailed headnote1 paragraphs

Application under section 482 Cr.P.C. by Ajay Narayan Pandey seeking quashing of the entire proceedings of Crl. Case no. 92 of 2022 (arising out of Case Crime No. 354 of 2020, under sections 379, 411 IPC, State Vs. Ajay Narayan Pandey) pending in the court of Addl. C.J.M., Court no. 9, Prayagraj, P.S. Sarayinayat, District Prayagraj, and of the cognizance order dated 5.1.2022. Held: the FIR allegations disclose commission of a cognizable offence and are supported by the material collected during investigation, on the basis whereof the police laid a charge sheet; in exercise of jurisdiction under section 482 Cr.P.C. the Court is not required to assess the correctness of the allegations or the reliability of the investigation material, and the prayer to quash the charge sheet and consequential proceedings was rejected. On the applicant's submission that he had not been arrested and coercive processes were apprehended, the Court observed that since the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (SLP (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, no specific direction need be issued, it being expected that the court concerned will take those guidelines into consideration. Application disposed of. (Gautam Chowdhary, J.; Order Date 13.9.2022)

Court No. - 87

Case :- APPLICATION U/S 482 No. - 17229 of 2022

Applicant :- Ajay Narayan Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

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

This application has been filed for quashing of the entire proceedings of Crl. Case no. 92 of 2022 in Case Crime No. 354 of 2020, under sections 379, 411 IPC (State Vs. Ajay Narayan Pandey) pending in the court of Addl. C.J.M., Court no. 9, Prayagraj, P.S. Sarayinayat, District Prayagraj as well as cognizance order dated 5.1.2022.

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 applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.

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 :- 13.9.2022

RPD

Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.09.15 18:20:40 IST Reason: Location: High Court of Judicature at Allahabad