Afzal @ Afzal Husain Usmani v. State of U.P and Another
Case brief
What is this about?
The High Court refused the prayer to quash the charge sheet and the cognizance order filed by an applicant accused in a riot case. The applicant, a press reporter, alleged false implication. The court quashed future coercive action pending the discharge application.
What did the court decide?
The prayer for quashing the charge sheet and cognizance order was refused, but coercive action against the applicant is stayed for three months.
What the court decided
Court No. - 92
Case :- APPLICATION U/S 482 No. - 17637 of 2022
Applicant :- Afzal @ Afzal Husain Usmani Opposite Party :- State Of U.P And Another Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for applicant, learned A.G.A. for State.
This application has been filed under Section 482 Cr.P.C. with a prayer to quash the charge sheet dated 28.09.2020 as well as entire proceedings of CNR-UPKNO-40176882022 (State Vs. Chand and others), under Sections 147, 332, 353, 504, 323, 427, 336 I.P.C. and Section 7 of Criminal Law (Amendment) Act, arising out of Case Crime No. 199 of 2019, P.S.Babupurwa, District- Kanpur Nagar and also cognizance order dated 02.04.2022.
Learned counsel for applicant submitted that applicant has been falsely implicated in the present case due to ulterior motive, there is no evidence is available on record against the applicant to commit the present offence. It is further submitted that the applicant is Press Reporter and when he received the information regarding riot, he along with his colleague, namely, Shakil Ahmad had gone at the place of incident for coverage of news, but the first informant who has enmity with him, falsely mentioned the name of applicant in the present offence.
The prayer for quashing the charge sheet as well as cognizance order dated in the aforesaid case is hereby refused.
Issues for consideration
2 issues framed by the court
Whether the charge sheet under Sections 147, 332, 353, 504, 323, 427, 336 I.P.C. and Section 7 of Criminal Law (Amendment) Act should be quashed under Section 482 Cr.P.C.
Whether the applicant, a Press Reporter falsely implicated in a riot case, should be granted relief against coercive action till the discharge application is decided.
Parties & counsel
- applicant
Afzal @ Afzal Husain Usmani
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/17637/2022
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