Dismissed

Illakedar and Another v. State of U.P. and Another

Allahabad HC8 Sept 2022A482/2384/2007

Case brief

AI extract

What is this about?

The High Court rejected an application to quash criminal proceedings under IPC Sections 307 and 506. The Bench held that disputed facts forming the core of the defence could not be adjudicated at this stage and a prima facie case was not negated. The application was dismissed with directions for bail consideration if surrendered later.

What did the court decide?

Application for quashing dismissed; interim order vacated.

Illakedar and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 2384 of 2007

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Applicant :- Illakedar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Narain Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Gautam Chowdhary,J.

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List revised. None appears to press this application on behalf of the applicants.

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The instant case is pending consideration since 2007. With the assistance of learned A.G.A. I have gone through the pleadings of the instant case as well as reliefs as sought by the applicants.

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This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Misc. Case No. 65 of 2006 (Mukesh Vs. Ilakedar) under Sections 307, 506 I.P.C. pending before learned Additional Civil Judge (Junior Division), Etah.

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It has been averred in the present application that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage.

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The reliefs as sought by the applicants is refused. Interim order, if any, stands vacated.

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If the applicants have yet not been arrested in the above case, it is provided that in case they appear and surrender before the Court below and apply for bail before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and

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another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) , without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail.

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Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.

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With the aforesaid observations, the application stands disposed off.

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Order Date :- 8.9.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.09.12 10:40:46 IST Reason: Location: High Court of Judicature at Allahabad

Illakedar and Another v. State of U.P. and Another

Case brief

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Illakedar and Another v. State of U.P. and Another

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