Dismissed

Subham Shukla and 10 Others v. State of U.P. and Another

Allahabad HC16 Feb 2022A482/3491/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings arising from a land dispute involving assault and property damage. The court held that the dispute was factual and criminal in nature, barring quashing, but permitted a bail application.

What did the court decide?

Application for quashing of proceedings refused; directed to file bail application.

Subham Shukla and 10 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. - 3491 of 2022

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Applicant :- Subham Shukla And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard the learned counsel for the applicants, learned A.G.A for the State and perused the record.

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By means of this application under section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court to quash the entire proceeding of complaint case no. 4358 of 2020, Rajesh Kumar Vs. Subham Shukla and others, under section 323, 504, 427 I.P.C. police station Kaptanganj, District Basti as well as summoning order dated 21.12.2021 passed therein by learned Additional Chief Judicial magistrate, Ist, Basti.

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It is argued by the learned counsel for the applicants that the dispute in between the parties relates to the land regarding which a partition suit no. 76 of 2018 is pending before the Sub Divisional Magistrate, Haraiya, District Basti. It is also argued that the complaint has been filed after 2 and 1/2 months of the incident. Parties belong to the same village. The applicants are said to be the teachers in the school situated in the land in dispute.

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Learned A.G.A. opposed the prayer and submitted that there may be a land dispute between the parties but the present dispute is criminal one regarding assault and the applicants have been summoned by the court below on the basis of evidence / statements recorded under sections 200 and 202 Cr.P.C.

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From perusal of the complaint it is clear that it has been registered on the basis of an application under section 156(3) Cr.P.C. though it has been filed with some delay but the dispute involved in this matter is not civil but it is a criminal offence assaulting the opp. party no. 2 with fists, blows and kicks. Tables, chairs and windows of the school are also said to have been damaged. Though a loot of Rs. ten thousands, two laptops, one inverter and battery is also said to have been done but the applicants have not been summoned under sections relating to robbery.

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The dispute is factual and this court is not obliged to decide the factual dispute in this proceedings under section 482 Cr.P.C. So the prayer as made by the applicants is refused.

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However, it is directed that if the applicants appear before the court below and apply for bail within a period of one month, their bail application shall be considered and decided in the light of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another. (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others 2016 (95) ACC 950.

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The application is disposed of Accordingly.

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Order Date :- 16.2.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.02.16 17:25:50 IST Reason: Location: High Court of Judicature at Allahabad

Subham Shukla and 10 Others v. State of U.P. and Another

Case brief

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Subham Shukla and 10 Others v. State of U.P. and Another

Case brief

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