Dismissed

Ganesh Yadav and 4 Others v. State of U.P. and Another

Allahabad HC18 Aug 2022A482/5196/2020

Case brief

AI extract

What is this about?

The High Court rejected the applicant's petition under Section 482 Cr.P.C. to quash a charge sheet under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act, finding cognizable offences disclosed and rejecting the malafide plea. The application for bail directions was disposed of without specific direction, citing existing Apex Court guidelines.

What did the court decide?

Prayer to quash charge sheet and proceedings rejected; no specific bail direction issued.

Ganesh Yadav and 4 Others Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 83

¶2

Case :- APPLICATION U/S 482 No. - 5196 of 2020

¶3

Applicant :- Ganesh Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

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

¶6

This application has been filed for quashing the charge sheet no. 01/2019-005/2019 dated 15.02.2019 arising out of Case Crime No. 0053 of 2018, under Sections 498A, 323, 504, 506, 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Gorakhpur pending before learned Additional Chief Judicial Magistrate, Gorakhpur and also to quash the proceedings of the aforesaid case.

¶7

Vide order dated 07.02.2020, the matter was referred to Mediation Centre of this court. The incharge Mediation Centre, vide its report 22.03.2022 has reported that the opposite party no.2 appeared on both the dates fixed before it but the applicant did not appear, thus parties are not willing for the mediation, which report is on record.

¶8

The contention of learned counsel for the applicants is 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. He pointed out certain documents and statements in support of his contention.

¶9

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 applicants.

¶10

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.

¶11

At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case

¶12

and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.

¶13

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 07.10.2021) 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.

¶14

With the aforesaid observations, the application is disposed off.

¶15

Order Date :- 18.8.2022 S.Ali

¶16

Digitally signed by SHAUKAT ALI Date: 2022.08.22 17:17:43 IST Reason: Location: High Court of Judicature at Allahabad

Ganesh Yadav and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ganesh Yadav and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Vijay Rani and Others Vs State of U.P. and Another

Sanjay and Others Vs State of U.P. and Another

Brahmswaroop and Others Vs State of U.P. and Another

Pranav Dutt Vs State of U.P.and Another

Vivek Pal and Another Vs State of U.P. and Another

Neeraj Giri and 3 Others Vs State of U.P. and Another