Shafeeq Ahmad and Another v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 Cr.P.C., the Allahabad High Court rejected the applicants' plea to quash criminal proceedings alleging offenses under sections 323, 504, and 506 I.P.C. The court noted specific allegations in the FIR and supporting medical evidence of injuries, finding that the proceeding could not be quashed at this stage.
What did the court decide?
The prayer to quash the order and charge sheet in proceedings under sections 323, 504, 506 I.P.C. was rejected.
What the court decided
Neutral Citation No. - 2023:AHC-LKO:43005
Court No. - 28
Case :- APPLICATION U/S 482 No. - 2924 of 2013
Applicant :- Shafeeq Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nadeem Murtaza,Mohd. Azam Siddiqui Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shree Prakash Singh,J.
Case called out non present for opposite party no. 2.
Heard Sri Nadeem Murtaza, learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.
Instant application has been filed with prayer to quash the order dated 04.07.2009 passed by the Learned Additional Chief Judicial Magistrate, IInd, Room No. 26, Lucknow in Case No. 3745/ 2009 (State V/S Rafeeq Ahmad and another) arising out of case crime No. 247/ 2009, whereby the petitioners have been summoned as an accused under sections 323, 504, 506 I.P.C. and the charge sheet No. 150/ 2009, dated 05.06.2009, submitted against the petitioners may kindly be quashed and further prayed that the proceedings of the Case No. 3745/ 2009 (State V/s Rafeeq Ahmad and another) arising out of Case Crime No. 247/ 2009, under sections 323, 504, 506 I.P.C., pending in the court of Learned Additional Chief Judicial Magistrate, IInd, Room No. 26, Lucknow.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings initiated against the applicants under sections 323, 504, 506 I.P.C. may be quashed on the grounds of absence of cogent evidence and prima facie innocence.
Whether the prayer to quash the charge sheet and summon proceedings should be allowed given the existence of specific allegations and medical evidence of injuries.
Parties & counsel
- applicant
Shafeeq Ahmad And Another
Coram
Shree Prakash Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- /2924/2013
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