Disposed

Ishwari Prasad Mishra and 3 Others v. State of U.P. and Another

Allahabad HC24 Mar 2022A482/19461/2021

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the High Court of Judicature at Allahabad directed the applicants to move a discharge application before the trial court to expedite testing of allegations, and disposed of the current petition accordingly.

What did the court decide?

Permitted the applicants to move a discharge application before the trial court to be decided expeditiously.

Ishwari Prasad Mishra and 3 Others Vs State… — Civil Procedure and Limitation | Allahabad HC (2022)

¶1

Court No. - 92

¶2

Case :- APPLICATION U/S 482 No. - 19461 of 2021

¶3

Applicant :- Ishwari Prasad Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachida Nand Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Manish Kumar,J.

¶5

The present petition under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for quashing/setting aside the entire proceedings of Case no. 269 of 2020 (State vs. Pawan Mishra and Ors.) arising out of Case Crime no. 111 of 2019, under Sections 323, 504, 506, 352, 452 IPC, P.S. Lalapur, District Prayagraj pending in the court of learned Judicial Magistrate III, Allahabad and also prayed for quashing of the charge-sheet no. 134 of 2019 dated 28.11.2019 including cognizance/summoning order dated 20.03.2020 as well as order dated 18.08.2021 whereby the learned court below had issued non bailable warrant against the applicants/petitioners.

¶6

Learned counsel for the applicants/petitioners has submitted that the according to the version of the FIR and statement of the complainant/injured witness, the role of exhortation has been assigned to the applicant no. 1, whereas the role of physical assault by lathi and danda has been assigned to the applicant nos. 2, 3 & 4. It is further submitted that as far as applicant no. 1 is concerned, as per the prosecution story, the FIR and the statement of the complainant/ injured witness, the offence made out is only under Section 352 IPC and not under Sections 323, 504, 506, 452 IPC.

¶7

On the other hand, learned AGA has submitted that the there is statement of an eye-witness namely Deepak, in which the role of physical assault has been assigned to all the applicants/petitioners. It is further submitted that the disputed questions of fact could be adjudicated only after adducing the evidence. It is further submitted that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the petition is misconceived and liable to be dismissed.

¶8

At this stage, learned counsel for the applicants/petitioners has submitted that the applicants/petitioners may be permitted to move a discharge application before the trial court.

¶9

Learned AGA has no objection to the aforesaid submission raised by learned counsel for the applicants/petitioners.

¶10

As prayed, the applicants/petitioners are permitted to move a discharge application before the trial court and the same shall be decided expeditiously in accordance with law.

¶11

In view of above observation/direction, the petition is disposed of.

¶12

Order Date :- 24.3.2022 Nitesh

¶13

Digitally signed by NITESH KUMAR TEWARY Date: 2022.03.25 09:23:54 IST Reason: Location: High Court of Judicature at Allahabad

Ishwari Prasad Mishra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ishwari Prasad Mishra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jokhan Prasad Sharma and 6 Others Vs State of U.P. and Another

Tarachandra Soni and 9 Others Vs State of U.P. and Another

Bedi Lal and 6 Others Vs State of U.P. and Another

Arjun Verma @ Arjun Kumar Verma and 4 Others Vs State of U.P. and Another

Hasina Khatoon and Another Vs State of U.P. and Another

Sanjay Jaiswal Vs State of U.P. and Another