Disposed

Ashok Kori and Another v. State of U.P. and Another

Allahabad HC3 Aug 2022A482/21277/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Single Judge rejected the prayer to quash the charge-sheet and cognizance order as allegations disclosed a cognizable offence. The court disposed of the bail direction request by referring to Apex Court guidelines without issuing specific directions.

What did the court decide?

Application for quashing charge-sheet and cognizance order was rejected; bail direction was disposed off by referring to Apex Court guidelines.

Ashok Kori and Another Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 21277 of 2022

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Applicant :- Ashok Kori And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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This application has been filed for quashing of the charge-sheet dated 11.11.2018 and also to quash the cognizance order dated 02.12.2019 passed by Chief Metropolitan Magistrate, Kanpur Nagar in Criminal Case No. 47484 of 2019, arising out of Case Crime No. 498 of 2018, under Sections 323, 504, 506, 427, 325 I.P.C., Police Station Bidhanoo, District Kanpur Nagar.

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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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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 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.

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Order Date :- 3.8.2022/Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.08.04 17:28:09 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kori and Another v. State of U.P. and Another

Case brief

What is this about?

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Ashok Kori and Another v. State of U.P. and Another

Case brief

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