Dismissed

Manni @ Najir and 7 Others v. State of U.P. and Another

Allahabad HC13 Dec 2022A482/23831/2022

Case brief

AI extract

What is this about?

The High Court refused to quash the charge-sheet, cognizance order, and criminal proceedings under Section 482 CrPC as a prima facie offence was disclosed. It directed the applicants to approach the trial court for bail within two weeks, citing relevant Supreme Court precedents.

What did the court decide?

Application to quash charge-sheet, cognizance order, and proceedings was dismissed no. Bail application consideration directed within two weeks.

Manni @ Najir and 7 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 23831 of 2022

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Applicant :- Manni @ Najir And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,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 under Section 482 CrPC has been filed by the applicants with the prayer to quash the impugned charge-sheet dated 29.08.2020 and cognizance order dated 09.02.2022 as well as entire criminal proceedings of Criminal Case No. 187 of 2022 (State Vs. Manni @ Najir and Others), arising out of Case Crime No. 0291 of 2020, under Sections 147, 149, 186, 224, 225, 136, 353, 504 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Nakhasa, District Sambhal, pending in the court of Judicial Magistrate 1st, Sambhal.

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As per the allegations made in the FIR, it is alleged that applicant no.1 Manni was an accused in Case Crime No. 20 of 2020, under Sections 376, 147, 366, 354Kha, 511, 323, 504, 506 IPC and for the purpose of arresting him, police personnel had reached at his house and arrested him, however, applicant nos. 2 to 8, who are the family members of the applicant no.1, had forcibly got him released and as such, deterred the public servants in discharge of their duty.

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Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicants has next submitted that allegations made in the FIR are false, cooked up and concocted made just with an intention to drag them in criminal court and as such, impugned cognizance order be quashed.

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Per contra, learned AGA has vehemently opposed the aforesaid prayer and has submitted that from perusal of the allegations made in the FIR, prima facie offence is clearly made out against the applicants and as such, impugned cognizance order cannot be quashed.

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Having considered the rival submissions made by learned counsel for the parties and from perusal of the allegations

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made in the FIR, prima facie offence is clearly disclosed against the applicants.

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At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge-sheet, cognizance order and entire proceedings is refused.

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However in case, the applicants appear before the court below within two weeks from today and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.

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With the aforesaid observations, this application under Section 482 CrPC is finally disposed off.

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Order Date :- 13.12.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.12.14 09:46:47 IST Reason: Location: High Court of Judicature at Allahabad

Manni @ Najir and 7 Others v. State of U.P. and Another

Case brief

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Manni @ Najir and 7 Others v. State of U.P. and Another

Case brief

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