Disposed

Ramesh Chandra Kesharwani v. State of U.P.and Another

Allahabad HC26 Apr 2022A482/5329/2022

Case brief

AI extract

What is this about?

Criminal court rejected the quashing of FIR and subsequent proceedings under Sections 279, 307 IPC and others on grounds of factual disputes. However, it directed non-bailable warrant suspension for two weeks if the applicant surrenders and applies for bail. The application was disposed of accordingly.

What did the court decide?

Prayer for quashing refused; N.B.W. kept in abeyance for two weeks if applicant surrenders and applies for bail.

Ramesh Chandra Kesharwani Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 5329 of 2022

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Applicant :- Ramesh Chandra Kesharwani Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shikher Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 22.3.2014 submitted n Case Crime No. 356 of 2013, under section 279, 307 IPC and section 3/5A/8 of U.P. Prevention of Cow Slaughter ACt, 1955 and section 11 of Prevention of Cruelty to Animals Act, P.S. Lanka, District Varanasi and impugned cognizance order dated 12.6.2015 and other subsequent orders and N.B.W. dated 29.11.2021 as well as entire proceeding of Case No. 431 of 2013.

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The contention of learned counsel for the applicant is that no offence against the applicant 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.

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Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

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However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

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For a period of two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

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The present application stands disposed of .

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Order Date :- 26.4.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.04.28 14:11:01 IST Reason: Location: High Court of Judicature at Allahabad

Ramesh Chandra Kesharwani v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Ramesh Chandra Kesharwani v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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