The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, holding that a prima facie case existed and facts needed adjudication during trial rather than on quashing.
Prayer for quashing proceedings and summoning order refused; application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:102102
Court No. - 70
Case :- APPLICATION U/S 482 No. - 16377 of 2023
Applicant :- Saurabh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Singh Kashyap,Ajay Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of M/s Neeharika Infrastructure PVT Ltd. Vs State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 , State of M.P. Vs Awadh Kishore Gupta and others [(2004) 1 SCC 691, and Dr. Monica Kumar and Another Vs State of UP and Others, (2008) 8 SCC 781 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge before the court below and they are free to take all the submissions in the said discharge application before the trial court.
Order Date :- 11.5.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the prayers for quashing the criminal proceedings and the summoning order under Section 482 Cr.P.C. should be allowed.
Whether the dispute regarding mala fide intentions and harassment at this stage warrants quashing of the entire proceedings.
Colour shows how this judgement treated each authority
Krishna Lal Chawla and others Vs State of UP and another, 2021 0 AIR (SC)1381Relied on¶8
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192Referred¶9
State of M.P. Vs Awadh Kishore Gupta and others [(2004) 1 SCC 691Referred¶9
Dr. Monica Kumar and Another Vs State of UP and Others, (2008) 8 SCC 781Referred¶9
3 provisions across 2 enactments
Saurabh And 3 Others
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
