Disposed

Abhi @ Awadhesh and 4 Others v. State of U.P and Another

Allahabad HC1 Dec 2022A482/34767/2022

Case brief

AI extract

What is this about?

In an application to quash prosecution proceedings under Sections 308, 323, 324 IPC, etc., the Hon'ble Court held that it was not yet a fit case for quashing due to disputed facts. The application was disposed of with a direction to surrender within two weeks for bail consideration, and the non-bailable warrant was kept in abeyance.

What did the court decide?

Prayer for quashing refused; Non-bailable warrant kept in abeyance for two weeks; Application directed to appear and surrender within two weeks for bail consideration.

Abhi @ Awadhesh and 4 Others Vs State of U.P and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 34767 of 2022

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Applicant :- Abhi @ Awadhesh And 4 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Nand Lal Pandey,Suyash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of proceeding of Case No. 595 of 2020 (State Vs. Tajpal and others) pending in the court of A.C.J.M., Kannau in Case crime no. 240 of 2019, under sections 143, 148, 324, 323, 56, 308 IPC, P.S. Tirva, District Kannauj.

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The contention of learned counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.

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However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided in accordance with law.

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For a period of two weeks from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.

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The present application stands disposed of .

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Order Date :- 1.12.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.12.02 10:08:34 IST Reason: Location: High Court of Judicature at Allahabad

Abhi @ Awadhesh and 4 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Abhi @ Awadhesh and 4 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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