Harnessing Section 482 Cr.P.C., the Bench refused to quash the chargesheet. It held that the trial court could decide the applicant's grounds, thus refusing to interfere. Bail was allowed subject to surrender.
The application for quashing is refused. Bail application can be filed within 30 days. No coercive action for 30 days.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 4404 of 2022
Applicant :- Bachcha Lal Verma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been moved by the applicants for quashing the impugned chargesheet dated 7.6.2019, charge-sheet no.54 of 2019 as well as entire proceeding of Case No.5056 of 2019 (State Vs. Bachcha Lal Verma and others), arising out of Case Crime No.32 of 2018, under Sections 323, 324, 506, 308 I.P.C., Police Station Sukhpura, District Ballia.
Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application, for which learned A.G.A. has no objection.
From the perusal of record it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the proceedings.
The prayer for quashing of proceedings is refused.
However, if the accused-applicants surrender before the court below and move bail application within 30 days from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra).
For a period of 30 days from today, no coercive action shall be taken against the applicants in the aforesaid case.
The application is, accordingly, disposed of.
Order Date :- 8.4.2022 Anil K. Sharma
Digitally signed by ANIL KUMAR SHARMA Date: 2022.04.11 10:09:26 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court can decide the grounds raised in the application for quashing of proceedings.
Whether any cogent reasons exist to interfere in the criminal proceedings at this stage.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.Referred¶7
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Bachcha Lal Verma and 3 Others
State of U.P.
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
