Dismissed

Subhash Chandra Patel and 3 Others v. State of U.P. and Another

Allahabad HC31 Oct 2022A482/34769/2022

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash criminal proceedings was refused as prima facie offence was disclosed. Court directed applicants to appear within ten days for bail consideration and prohibited coercive actions during that period.

What did the court decide?

Petition for quash dismissed; leave to apply for bail within ten days granted; no coercive action for ten days.

Subhash Chandra Patel and 3 Others… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 34769 of 2022

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Applicant :- Subhash Chandra Patel And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rabindra Bahadur Singh 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 7.12.2021 and cognizance order dated 22.4.2022 as well as further proceedings of S.T. No. 086 of 2022 arising out of case crime no. 286 of 2021, under Sections 323, 504, 506 IPC and Section 3(1)(D)(Dh) of SC/ST Act, P.S. Aurai, DistrictBhadohi, pending in the court of Special Judge (SC/ST Act)/Addl. Sessions Judge, Court No. 2, Bhadohi- Gyanpur.

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As per the allegations made in the F.I.R., it is alleged that on 11.11.2021 at about 7 a.m., the applicants reached at the place of incident and asked them to refrain from fishing from the canal and on being questioned, they started hurling abuses with the name of their castes with an intention to humiliate and intimidate them and further assaulted them with lathi, danda. On account of assault made by the applicants, the victims suffered injuries and have been medically examined. The applicants left the place of incident after extending death threats to them.

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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 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, cognizance order and entire criminal proceedings cannot 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 under Section 161 Cr.P.C. and material collected during the course of investigation, prima facie, offence is clearly disclosed 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 order and entire criminal proceedings is refused.

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However, in case the applicants appear before the court below within ten days 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 both the parties.

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For a period of ten days 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 :- 31.10.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.11.01 10:03:41 IST Reason: Location: High Court of Judicature at Allahabad

Subhash Chandra Patel and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Subhash Chandra Patel and 3 Others v. State of U.P. and Another

Case brief

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What the court decided

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