Single-judge Allahabad High Court rejected the application to quash a charge sheet and summons in a bail case under Section 482 CrPC, finding cognizable offences disclosed in FIR. No specific bail direction sought.
Application to quash charge sheet and proceedings rejected; no specific bail direction issued.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 8881 of 2022
Applicant :- Girand Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the summoning order dated 9.3.2022 as well as entire proceedings of Complaint Case No.3646 of 2021 (Smt. Nirmla Devi Vs. Grand Kumar and others), under Sections 323, 354, 506(2) IPC, Police Station Maudarwaja, District Farrukhabad, pending in the court of learned Judicial Magistrate, Court No.7, Farrukhabad.
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 applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.
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 :- 14.7.2022
Deepika
Digitally signed by DEEPIKA SINGH Date: 2022.07.15 16:37:22 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application to quash the charge sheet and summoning order should be allowed or rejected.
Whether specific directions regarding the bail prayer should be issued to the lower court.
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)
1 provisions across 1 enactments
Girand Kumar
Gautam Chowdhary J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
