The High Court of Allahabad dismissed the applicant's plea to quash criminal proceedings for alleged offences related to obstructing a public drain and inundating public roads, finding no grounds to interfere with the charge sheet at this stage.
Prayer to quash the entire proceedings was declined; applicant advised to surrender for bail.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 11230 of 2023
Applicant :- Lal Ji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Navneet Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the entire proceedings of Criminal Case No. 49197 of 2022, State of U.P. v. Manik Chandra and another, under Sections 432, 296, 270 of the Indian Penal Code, 1860 and Section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station Kotwali, District Ghazipur, pending in the Court of the Additional Chief Judicial Magistrate, Ghazipur.
The applicant has been charge-sheeted for raising constructions on a public drain, on account of which, the public road has been inundated to the extent of 2-3 feet, contributing much to the spread of infectious diseases. They have accordingly been charged for offences punishable under Sections 432, 296, 270 of the Indian Penal Code, 1860 and Section 3/4 of the Prevention of Damage to Public Property Act, 1984. After investigation, the Police have filed a charge-sheet, which the applicant impugns through the present application, seeking to quash the proceedings. It is argued that no offence under the sections aforementioned is made out.
This Court is afraid that the contention is not correct. The ingredients of most of the offences are disclosed. It is quite another matter that subject to trial, charge(s) against the applicant may be established, or not at all. This Court finds no good ground to
interfere with the impugned charge-sheet made out.
The prayer to quash the entire proceedings is, accordingly, declined.
However, in case the applicant surrenders and applies for bail, his prayer shall be considered by the Magistrate expeditiously, in accordance with law.
The application stands disposed of in terms of the orders aforesaid.
Order Date :- 11.4.2023 I. Batabyal
Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application to quash first information reports and charge sheets under Section 482 of CrPC should be granted.
3 provisions across 3 enactments
Lal Ji
State of U.P.
Ishan Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
