Dismissed

Shrinath and 3 Others v. State of U.P and Another

Allahabad HC21 Oct 2022A482/34301/2022

Case brief

AI extract

What is this about?

The High Court refused to quash the charge sheet and criminal proceedings under Section 482 Cr.P.C. as a prima facie offence was disclosed. The Court directed bail application consideration within three weeks and stayed coercive action.

What did the court decide?

Prayer for quish of charge sheet, summoning order and criminal proceedings refused; bail application directed to be considered within three weeks; coercive action stayed for three weeks.

Shrinath and 3 Others Vs State of U.P and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 34301 of 2022

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Applicant :- Shrinath And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rahul Kumar 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 under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 20.8.2022 and summoning order dated 20.8.2022 as well as entire criminal proceedings of Case No. 759 of 2022 arising out of case crime no. 853 of 2019, under Sections 323, 308, 452, 427 IPC, P.S. Handia, District- Prayagraj, pending in the court of Addl. Chief Judicial Magistrate-8, Allahabad.

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As per the allegations made in the F.I.R., it is alleged that on 18.1.2019 at about 8 a.m., the applicants armed with lathi, danda and iron rod reached at the house of the victim and assaulted the victim- Indrawati. She in order to rescue her entered in her house, however the applicants followed her in the house and again assaulted her with lathi, danda and brick-bats. On account of assault made by the applicants, Indrawati suffered serious injuries and has 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, summoning order and entire criminal proceedings 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 investigation, prima facie offence is clearly made out against the applicants and as such, impugned charge sheet, summoning order and entire criminal proceedings be quashed.

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Having considered the rival submissions made by learned counsel for the parties and from the perusal of the allegations made in the FIR and the statements of the witnesses recorded

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under Section 161 Cr.P.C. and material collected during the course of investigation, prima facie, offence is clearly disclosed against the applicants. Moreover, on account of assault made by the applicants, Indrawati suffered serious injuries and has been medically examined

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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, summoning order and entire criminal proceedings is refused.

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However, in case the applicants appear before the court below within three weeks from today and apply for bail, their bail application 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 after hearing the parties.

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For a period of three weeks from today or till the date of surrender of the applicants, whichever is earlier, no coercive action shall be taken against them in the aforesaid case.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 21.10.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.10.21 17:36:03 IST Reason: Location: High Court of Judicature at Allahabad

Shrinath and 3 Others v. State of U.P and Another

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Shrinath and 3 Others v. State of U.P and Another

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