Allowed

Zaikam and 4 Others v. State of U.P. and Another

Allahabad HC16 Dec 2022A482/41260/2022

Case brief

AI extract

What is this about?

The High Court considered an application under Section 482 Cr.P.C. to quash criminal proceedings for assault. Finding prima facie offence disclosed, the court refused quashing but allowed a bail application to be heard subsequently.

What did the court decide?

Quashing of charge sheet, cognizance order, and criminal proceedings refused; direction to consider bail application within three weeks.

Zaikam and 4 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 41260 of 2022

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Applicant :- Zaikam And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haya Rizvi 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 14.11.2021 and cognizance order dated 16.4.2021 as well as entire criminal proceedings of Case Crime No. 429 of 2021, under Sections 147, 148, 452, 323, 504 IPC, P.S. Tappal, District- Aligarh, pending in the court of Addl. Chief Judicial Magistrate-II, Aligarh.

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As per the allegations made in the F.I.R., it is alleged that on 7.10.2021, the applicants forcibly entered in the house of the victim armed with lathi and danda and started hurling abuses and on being asked to refrain from abusing, the applicants assaulted him. When his sister in-law Ayesha came to rescue him, she was also assaulted by the applicants on her abdomen, causing bleeding injuries.

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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 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

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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 three weeks 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 the parties.

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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 :- 16.12.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.16 17:52:02 IST Reason: Location: High Court of Judicature at Allahabad

Zaikam and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Zaikam and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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