In this application under Section 482 Cr.P.C., the applicants sought to quash criminal proceedings initiated against them for alleged offenses causing hurt and assault. The High Court did not quash the proceedings but issued a direction for bail hearing upon surrender.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 17895 of 2022
Applicant :- Ashutosh Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceeding of Case No. 1813/2022 (State Vs. Ashutosh and others) including Charge Sheet No. A-102 of 2021 dated 12.08.2021 arising out of Case Crime No. 77/2021, under Sections 325, 323, 336, 352, 427, 452, 504, 506 I.P.C., P.S.- Khukhundu, District- Deoria, pending in the court of learned Additional Civil Judge (Junior Division), Deoria.
Learned counsel for the applicant contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicants are false and fabricated. The applicants are innocent and they have not committed any offence.
At this stage, learned counsel for applicants only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.
The application is, therefore, disposed of with the direction that if the applicants appear and surrender before the court concerned within 15 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 16.8.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.17 12:45:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the entire criminal proceeding including the charge sheet under various IPC sections should be quashed.
Whether the false and malicious allegations against the applicants justify quashing the proceedings.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherRelied on¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersRelied on¶9
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Ashutosh Mishra And 2 Others
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
