Dismissed

Krishna Bihari Tripathi and Others v. State of U.P. and Another

Allahabad HC12 Sept 2022A482/3883/2005

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court refused to quash criminal proceedings pending before a Civil Judge in Allahabad. The Court held that dispute was purely factual and could not be adjudicated under Section 482. The application stands disposed off.

What did the court decide?

Refused to quash proceedings and charge sheet; application disposed off.

Krishna Bihari Tripathi and Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 3883 of 2005

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Applicant :- Krishna Bihari Tripathi And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.C. Tiwari,Utsav Counsel for Opposite Party :- Govt. Advocate,N.K. Verma

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Hon'ble Gautam Chowdhary,J.

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List revised. None appears to press this application on behalf of the applicants.

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The instant case is pending consideration since 2005. With the assistance of learned A.G.A. I have gone through the pleadings of the instant case as well as reliefs as sought by the applicants.

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This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 1037 of 2004 (State Vs. Krishna Bihari Tripathi and others) under Sections 447, 457, 380, 352, 506 I.P.C. Police Station Bara, District Allahabad pending before learned Additional Civil Judge (J.D.)/J.M. Room No.6, District Allahabad and also to quash the charge sheet dated 29.08.2022 filed in the aforesaid case.

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It has been averred in the present application that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage.

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The reliefs as sought by the applicants is refused.

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Interim order, if any, stands vacated.

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If the applicants have yet not been arrested in the above case, it is provided that in case they appear and surrender before the Court below and apply for bail before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) , without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail.

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Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.

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With the aforesaid observations, the application stands disposed off .

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Order Date :- 12.9.2022 Md Faisal

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Digitally signed by MOHD FAISAL Date: 2022.09.24 15:49:33 IST Reason: Location: High Court of Judicature at Allahabad

Krishna Bihari Tripathi and Others v. State of U.P. and Another

Case brief

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Krishna Bihari Tripathi and Others v. State of U.P. and Another

Case brief

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