Single judge dismissed Section 482 Cr.P.C. application seeking quashing of charge sheet, noting allegations disclose cognizable offence. Court declined specific bail directions, referring to Apex Court guidelines.
Application for quashing of charge sheet rejected; no specific directions issued on bail.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 7105 of 2019
Applicant :- Ashfak Kha And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rameshwar Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the charge sheet dated 4.5.2017 submitted in Case No. 4493 of 2017, arising out of Case Crime No. 0027 of 2016 (State Vs. Ashfak Khan and others), under sections 498A, 323, 506 IPC and section 3/4 D.P. Act, P.S. mahila Thana (Safai), District Etawah pending inthe court of C.J.M. Etawah.
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 applicant.
At 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.
At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case 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.
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.
With the aforesaid observations, the application is disposed off.
Order Date :- 20.10.2022
RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.11.09 17:54:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash the charge sheet under Section 482 Cr.P.C. given that allegations disclose a cognizable offence.
Whether specific directions should be issued to the lower court regarding bail prayers pending arbitration.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶10
Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021)
Ashfak Kha And 4 Others
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
