Dismissed

Sanjeev Krishna Shukla v. State of U.P. and Another

Allahabad HC5 Aug 2022A482/2610/2021

Case brief

AI extract

What is this about?

The Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a charge sheet and summoning order. The Court found FIR allegations supported by investigation material and refused quash prayer. Bail concerns were addressed by referring to Supreme Court guidelines without issuing specific directions. The application was disposed of.

What did the court decide?

Prayer to quash charge sheet and summoning order rejected; application disposed of without specific bail directions.

Sanjeev Krishna Shukla Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 2610 of 2021

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Applicant :- Sanjeev Krishna Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Bahadur Singh,Shashank Singh Counsel for Opposite Party :- G.A.,Brajesh Kumar Singh

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Hon'ble Gautam Chowdhary,J.

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Heard Ms. Vijeta Singh, Advocate, holding brief of Sri Mahendra Bahadur Singh, learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 14.11.2020 and also to quash the summoning order dated 21.12.2020 passed in Case No. 32406/2020 (State Vs. Sanjeev Krishna Shukla), arising out of Case Crime No.172 of 2020, under Sections 498-A, 323, 376, 354, 504 and 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate-II, 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 applicant.

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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 applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.

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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

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concerned will take into consideration the necessary guidelines already issued by the Apex court. With the aforesaid observations, the application is disposed off. Order Date :- 5.8.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.08.05 16:58:45 IST Reason: Location: High Court of Judicature at Allahabad

Sanjeev Krishna Shukla v. State of U.P. and Another

Case brief

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Sanjeev Krishna Shukla v. State of U.P. and Another

Case brief

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