Disposed

Satya Narayan and 8 Others v. State of U.P. and Another

Allahabad HC11 May 2022A482/27049/2021

Case brief

AI extract

What is this about?

This court rejected the applicants' plea to quash the criminal complaint, finding a prima facie case and disputed facts. However, the court granted a non-arrest direction for four weeks pending surrender and ordered the trial court to dispose of bail applications expeditiously.

What did the court decide?

Applicants granted directions for non-arrest for four weeks pending surrender; directed to surrender and applied for bail; bail to be disposed of expeditiously.

Satya Narayan and 8 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 27049 of 2021

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Applicant :- Satya Narayan And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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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The present 482 Cr.P.C. application has been filed with a prayer to quash the complaint Case No.2422 of 2021 ( Shanti Devi Vs. Satya Narayan and others) under Sections 147, 323, 427 I.P.C., P.S. Ahiraula, District Azamgarh as well as summoning order dated 04.10.2021.

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The contention of learned counsel for the applicants is that present complaint is counter blast 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 upon perusal of the statement recorded under Sections 200 and 202 Cr.P.C., there is injury and statements are supported with the version of complaint. It cannot be said that no offence is made out against the applicants. 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 .

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the

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applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

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For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 11.5.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.05.12 18:02:02 IST Reason: Location: High Court of Judicature at Allahabad

Satya Narayan and 8 Others v. State of U.P. and Another

Case brief

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Satya Narayan and 8 Others v. State of U.P. and Another

Case brief

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