Disposed

Suresh Chandra v. State of U.P. and Another

Allahabad HC27 Jul 2023A482/19315/2023

Case brief

AI extract

What is this about?

The High Court heard an application under Section 482 Cr.P.C. seeking to quash summons in a suppression/obstruction of justice case. The court held questions of fact existed and could not be decided at this stage. It directed the applicant to surrender within four weeks, granted protection from arrest during this period, and ordered expeditious disposal of any bail application citing Satender Kuma

What did the court decide?

Applicant directed to surrender within four weeks; no arrest ordered during this period; bail application to be disposed of expeditiously.

Suresh Chandra Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:150427

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 19315 of 2023

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Applicant :- Suresh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sampat Prasad Sonkar,Mritunjay Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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The present 482 Cr.P.C. application has been filed to quash the cognizance/ summoning order dated 20.10.2021 as well as the entire proceedings of Case Crime No. 218 of 2018 (State Vs. Suresh Chandra), under Sections- 354Kha,504, 506 I.P.C., Police Station- Rajapur, District- Chitrakoot pending in the court of C.J.M., Chitrakoot.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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From the perusal of the 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 applicant at this stage. All the submissions made at the bar, relate to the disputed questions 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 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 (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage.

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At this stage, learned counsel for the applicant submitted that applicant is ready to surrender before the trial Court for obtaining bail and for that some protection may be granted to him.

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However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922.

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For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 27.7.2023 Arvind

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Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad

Suresh Chandra v. State of U.P. and Another

Case brief

What is this about?

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Suresh Chandra v. State of U.P. and Another

Case brief

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