Dismissed

Asharani Kinnar @ Munna v. State of U.P.and Another

Allahabad HC1 Dec 2022A482/35743/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a charge sheet in an IPC cheating case, the High Court upheld the implications of first information report and investigation material, refused to quash the charge sheet, and declined to issue specific bail directions citing existing Apex Court guidelines.

What did the court decide?

Prayer to quash charge sheet rejected; no specific direction on bail issued; application disposed.

Asharani Kinnar @ Munna 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. - 35743 of 2022

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Applicant :- Asharani Kinnar @ Munna Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Satya Prakash Rathor,Ashish 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 applicant, learned A.G.A. for the State and perused the record.

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This application has been filed for quashing of the charge sheet dated 19.12.2020... ,submitted in connection with case crime no. 169 of 2020, P.S. Panwari, District Mahoba., under sections 420 IPC, pending in the court of Civil Judge (S.D.), Mahoba relating to Case No. 210 of 2022 (State Vs. Asharani Kinnar @ Munna).

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On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.

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At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.

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As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 28.07.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

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With the aforesaid observations, the application is disposed off.

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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 17:25:27 IST Reason: Location: High Court of Judicature at Allahabad

Asharani Kinnar @ Munna v. State of U.P.and Another

Case brief

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Asharani Kinnar @ Munna v. State of U.P.and Another

Case brief

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