Guddu and 13 Others v. State of U.P. and Another
Case brief
What is this about?
High Court disposed of S.No.21377 CrPC application under Section 482. Instead of quashing the lowest court proceedings, it directed applicants to appear, surrender, and apply for bail within 15 days.
What did the court decide?
Direction to appear, surrender within 15 days and apply for bail for expedient hearing instead of quashing proceedings.
What the court decided
Court No. - 87
Case :- APPLICATION U/S 482 No. - 21377 of 2022
Applicant :- Guddu And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicants, learned A. G. A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the charge sheet dated 10.02.2022, cognizance order dated 26.05.2022 as well as summoning order dated 26.05.2022 and entire proceedings of Case No. 4176 of 2022 (State Vs. Guddu and others), arising out of Case Crime No. 02 of 2022, under Sections 147, 323, 336, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, P.S.- Kothibhari, DistrictMaharajganj.
Learned counsel for the applicants 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 applicant 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.
Issues for consideration
2 issues framed by the court
Whether Section 482 CrPC application against cognizance and summoning orders in criminal trial regarding sections 147, 323, 336, 504, 506 IPC should be quashed or other orders passed.
Whether the case was filed with mala fide intention and whether the applicants committed an offence.
Parties & counsel
- applicant
Guddu And 13 Others
- respondent
State of U.P.
Coram
Om Prakash Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/21377/2022
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