Dismissed

Mayur Wadhwani and 2 Others v. State of U.P. and Another

Allahabad HC13 Apr 2022A482/2115/2022

Case brief

AI extract

What is this about?

In a quashing application under Section 482 Cr.P.C., the Court rejected the plea to quash proceedings, finding allegations established cognizable offences. No specific directions for bail were issued as Apex Court guidelines suffice. The application was disposed without further relief.

What did the court decide?

Prayer to quash charge sheet and proceedings rejected; application disposed off.

Mayur Wadhwani and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 2115 of 2022

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Applicant :- Mayur Wadhwani And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.,Nitin Agrawal,Priya Dimri

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, Sri Nitin Agarwal, learned counsel for the opposite party no.2 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 Case No. 274 of 2021 (State Vs. Mayur Wadhani and others) arising out of Case Crime No. 614 of 2020 under Sections 498A, 323, 504, 406, 420 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Colonelganj, District Prayagraj pending before learned Additional Civil Judge (Junior Division), Allahabad as well as to quash the charge sheet dated 07.03.2021 and also to quash the cognizance order dated 06.10.2021 passed in the aforesaid case.

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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 applicants.

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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.

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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

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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. Order Date :- 13.4.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.04.18 10:33:00 IST Reason: Location: High Court of Judicature at Allahabad

Mayur Wadhwani and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mayur Wadhwani and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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