Dismissed

Pradeep Yadav and 6 Others v. State of U.P. and Another

Allahabad HC5 Apr 2023A482/11499/2023

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court rejected the prayer to quash criminal proceedings involving a fight where injuries were sustained on both sides. The Court held that determining aggressors requires trial and proceeded to decline the quashing request, offering bail consideration upon surrender.

What did the court decide?

The petition to quash the proceedings was declined. Bail applications upon surrender within ten days shall be considered by both Courts below expeditiously.

Pradeep Yadav and 6 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 11499 of 2023

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Applicant :- Pradeep Yadav And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Prakash Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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

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This application has been filed seeking to quash the proceedings of Case No. 1004 of 2020 (arising out of Case Crime No. 107 of 2020) State v. Pradeep Yadav and others, under Sections 147, 308, 323, 427, 504, 506 and 325 I.P.C., Police Station - Kotwali Dehat, District Mrizapur, pending before the Court of the Chief Judicial Magistrate-First, Mirzapur.

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The submission of learned Counsel for the applicant is that he has been falsely implicated by the other side as counter blast because in the incident dated 08.05.2020, the complainant-opposite party were aggressors and caused injury to the applicant. A perusal of the impugned charge-sheet on the record shows that there are cross cases. On the complainant-opposite party's side, four persons have sustained injuries whereas on the applicant's side, one person has sustained injury. These are cross cases. On the complainant's side Abhishek Tripathi, one of the four injured has sustained a fracture to his nasal bone as would appear from the supplementary medicolegal report, a copy of which is annexed on page 38 of the affidavit filed in support of this application.

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Upon hearing learned Counsel for the applicant and learned

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A.G.A., this Court finds that it appears to be a case of free fight, where both sides have sustained injuries. It is not possible in the present proceedings under Section 482 Cr.P.C., to determine which side were the aggressors. The said decision must await trial.

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In the circumstances, it is not possible to quash the impugned proceedings. The prayer to quash the proceedings is, therefore, declined. However, if the applicants surrender within ten days of date and apply for bail, their applications shall be considered by both Courts below expeditiously.

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This application is disposed of , accordingly.

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Order Date :- 5.4.2023 Prashant D.

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Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad

Pradeep Yadav and 6 Others v. State of U.P. and Another

Case brief

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Pradeep Yadav and 6 Others v. State of U.P. and Another

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