Disposed

Akash and 4 Others v. State of U.P.and Another

Allahabad HC23 May 2023A482/19194/2023

Case brief

AI extract

What is this about?

The Allahabad High Court refused to quash the FIR and cognizance order because no offence is made out, dismissing the prima facie defense as a disputed fact. The Court directed the lower trial court to expediently hear and dispose of the applicants' bail application based on the guidelines laid down by the Supreme Court.

What did the court decide?

Prayer for quashing refused; order to dispose of bail application expeditiously issued.

Akash and 4 Others Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:112944

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 19194 of 2023

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Applicant :- Akash And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. M.P.S. Chauhan, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by applicants to quash the charge sheet no.183 of 2022 dated 30.5.2022 as well as cognizance order dated 23.8.2022 passed by Chief Judicial Magistrate Court No.2, Aligarh in Criminal Case No.4098 of 2022 arising out of Case Crime No.127 of 2022, under Sections 147, 148, 323, 354B, 452, 506 IPC, Police Station Sasni Gate, District Aligarh.

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Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the applicants, in fact, no such incident has taken place. The applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants. He also pointed out certain documents in support of his contention.

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From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under 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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another

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(Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the entire proceedings of the above mentioned case is hereby refused.

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At this stage, learned counsel for the applicants submitted that directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

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In the case of Satender Kumar Antil (supra) , the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail, the trial court shall definitely follow the directions given in the case of Satender Kumar Antil (supra).

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However, considering the nature of the allegations and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

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With the above directions, this application u/s 482 is disposed of finally.

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Order Date :- 23.5.2023 Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Akash and 4 Others v. State of U.P.and Another

Case brief

What is this about?

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Akash and 4 Others v. State of U.P.and Another

Case brief

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