Court disposed of an application under Section 482 Cr.P.C. seeking quashing of challan in a case involving highway blockade during protests. The prayer was declined.
Application to quash proceedings declined. Applicant directed to surrender within fifteen days for bail.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 11989 of 2023
Applicant :- Ram Sajeevan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been filed seeking to quash the proceedings of Case No. 1301 of 2012 (arising out of Case Crime No. 323 of 2012), State v. Om Prakash and others, under Sections 141, 143, 147, 342, 336, 353, 504 and 188 I.P.C. and Section 7 of the Criminal Law (Amendment) Act,2013, Police Station - Meja, District - Allahabad, pending before the Court of the Additional Chief Judicial Magistrate-10, Allahabad.
The allegations against the applicant is that while protesting against a fatal motor accident, he along with a multitude of people had laid a road blockade, leading to obstruction of the MirzapurAllahabad Highway. After investigation, the Police collected material and found the applicant's complicity. The First Information Report lodged by the Sub-Inspector of Police shows that the Highway was blocked by placing trees and boulders across the road. The material on record collected during investigation supports the prosecution. The learned Counsel for the applicant argues that he was not, in any way, involved and has been implicated malafide because the identity of the accused was not known to the Police. The action of the Police is an act of reprisal because the public protested an accident, where the Police had not taken action against a speeding vehicle that caused an accident.
Learned A.G.A. has opposed the motion to admit this application
to hearing.
Upon hearing learned Counsel for the applicant, this Court finds that the allegation about which there is material, is of laying a blockade on a State Highway. Whatever the applicant submits may constitute his disputed defence, but it is not possible to judge the truth or otherwise of that defence in the present proceedings under Section 482 Cr.P.C.
The prayer to quash the proceedings is, therefore, declined. However, if the applicant surrenders within fifteen days of date and applies for bail, his bail application shall be considered by both Courts below expeditiously, in accordance with law.
This application is, disposed of , accordingly.
Order Date :- 24.4.2023 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
Ram Sajeevan
State of U.P.
J.J. Munir
As recorded by the court registry
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