Dismissed

Munna Lal and 5 Others v. State of U.P. and Another

Allahabad HC12 Dec 2022A482/33202/2022

Case brief

AI extract

What is this about?

The High Court refused to quash FIR, charge sheet, cognizance, and proceedings under Section 482 Cr.P.C. as a prima facie offence was made out against the applicants. It directed future bail applications be considered per Supreme Court law.

What did the court decide?

Prayer to quash charge sheet, cognizance and entire proceedings was refused. Bail applications to be considered subsequently.

Munna Lal and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 33202 of 2022

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Applicant :- Munna Lal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Mohan 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 u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash charge sheet dated 11.2.2021 and cognizance order dated 24.5.2021 as well as entire proceeding of Case No. 2431 of 2021 (State vs. Munna Lal & others) arising out of case crime no. 205 of 2020, under Section 147, 148, 149, 307, 336, 504, 506, 324 I.P.C., P.S. Sakeet, District- Etah, pending in the court of Judicial Magisrate, Etah.

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As per the allegations made in the F.I.R., it is alleged that on 19.11.2020 there was free fight between two groups, on account of which both sides suffered injuries. On the basis of information sent to police, the police reached at the place of incident and found that there was a dispute between two groups in respect of possession over the field and both have assaulted each other by pelting stones and firing has also been resorted. On account of assault made by both the parties, number of persons have suffered injuries and have been medically examined.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, no offence is disclosed against the applicants and the present case has been instituted with a malafide intention for the purpose of harassment, as such, impugned charge sheet, cognizance and entire proceeding be quashed.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of

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investigation, prima facie offence is clearly made out against the applicants and as such, impugned charge sheet, cognizance and entire proceeding cannot be quashed.

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On the basis of the allegations made in the F.I.R and the statements of the witnesses recorded under section 161 Cr.P.C., prima facie offence is clearly made out 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 impugned charge sheet, cognizance and entire proceeding is refused.

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However, in case the applicants appear before the court below and apply for bail, their bail applications 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 .

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With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of.

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Order Date :- 12.12.2022 R

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Digitally signed by RAM ASARE MORYA Date: 2022.12.13 10:53:20 IST Reason: Location: High Court of Judicature at Allahabad

Munna Lal and 5 Others v. State of U.P. and Another

Case brief

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Munna Lal and 5 Others v. State of U.P. and Another

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