The High Court distinguished Kahkashan Kausar due to serious allegations. It dismissed the quashing application but granted liberty to the applicants to move for discharge at the charge framing stage.
Application dismissed; liberty granted to move for discharge at appropriate stage.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 24583 of 2022
Applicant :- Anshul Srivastava And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A.,Raghubir Singh
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party no.2 and perused the record.
Learned counsel for the applicants argued that there are general allegations against the accused persons. Hence, in view of the judgment in Kahkashan Kausar @ Sonam Vs. State of Bihar, 2022 0 Supreme (SC) 117 the charge sheet and the entire criminal proceedings is liable to be quashed.
From perusal of the material available on record it transpires that serious allegations have been levelled against the accused persons, therefore, the aforesaid citation does not apply in this case. At this stage learned counsel for the applicant does not press the relief claimed but has prayed to provide an opportunity to move an application for discharge of the accused persons at the time of framing charge.
Learned counsel for the opposite party has no objection if such prayer is allowed.
In view of above, this application is disposed of with the liberty to the applicants to move an application for discharge before the competent court at the appropriate stage.
Order Date :- 5.1.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash criminal proceedings despite serious allegations against the accused.
Whether an opportunity to move an application for discharge should be allowed at the time of framing of charge.
Colour shows how this judgement treated each authority
Kahkashan Kausar @ Sonam Vs. State of BiharDistinguished¶6
Kahkashan Kausar @ Sonam Vs. State of Bihar, 2022 0 Supreme (SC) 117
1 provisions across 1 enactments
Anshul Srivastava And 4 Others
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
