Disposed

Pankaj Kumar Tiwari and Another v. State of U.P. and Another

Allahabad HC14 Feb 2022A482/25353/2021

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings under Section 482 CrPC, holding that the dispute over road traffic accident implications is factual. The court directed the trial court to decide the bail application within one week.

What did the court decide?

Application for quashing dismissed; directions for expedited bail consideration by the trial court within one week.

Pankaj Kumar Tiwari and Another Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 34

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Case :- APPLICATION U/S 482 No. - 25353 of 2021

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Applicant :- Pankaj Kumar Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.,Rajiv Dwivedi

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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By means of this application, the applicants have prayed to quash the entire criminal proceedings of case no. 210 of 2021, State Vs. Pankaj and others, arising out of case crime no. 146 of 2020, under sections 323, 504, 506, 308 I.P.C. police station Pahari District Chitrakoot, pending in the court of Civil Judge(SD)/ Additional Chief Judicial Magistrate, Chitrakoot and charge-sheet dated 13.12.2020 and cognizance order as well as summoning order dated 27.1.2021 passed by the Chief Judicial Magistrate, Chitrakoot.

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The learned counsel for the applicants drew the attention of the court towards the injury report of the injured and the discharge summary wherein the injured was admitted in Guru Govind Singh Memorial hospital on 29.9.2020 and was discharged on 12.10.2020. In this document the case is registered as road traffic accident. The statement of Dr. Kartikey has been appended at page 52 of the paper book wherein he has mentioned that the family members of the injured reported in the hospital that it was a case of the accident by motorbike and the injured was in a very serious condition. He was getting unconscious invariably and was also vomiting. He was admitted in the hospital on 29.9.2020 and was discharged on 12.10.2020. It is further argued by the learned counsel for the applicant as the injuries are caused by the road accident, the first information report which has been registered on 13.10.2020 after 14 days of the incident wherein the present applicants have been falsely implicated due to enmity.

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Learned counsel appearing for the opp. party submitted that F.I.R. is supported by the statements of the injured and other eye witnesses and other family members of the injured. Regarding the mentioning of Road Traffic Accident in the medical papers, it is submitted by the learned counsel for the opp. party no. 2 that as after the accident they were getting difficulties in the admission of the injured as no one was ready

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to admit the injured without lodging any first information report, so they had to admit their patient on the pretext of road traffic accident.

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The dispute is factual and it can not be decided by this court at this stage. Hence, the prayer as made by the learned counsel for the applicants is refused.

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However, it is directed that if the applicants appear before the court below within a period of one week from today, and apply for bail, their bail application shall be decided by the court below as early as possible preferably within one week thereafter in the light of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another. (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others 2016 (95) ACC 950.

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The application is disposed of accordingly.

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Order Date :- 14.2.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.02.14 18:15:12 IST Reason: Location: High Court of Judicature at Allahabad

Pankaj Kumar Tiwari and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Tiwari and Another v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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