Dismissed

Shahrukh Khan v. State of U.P. and Another

Allahabad HC13 Sept 2023A482/28667/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings, the High Court refused the prayer. The Court held that prima facie offence is made out and disputed facts cannot be adjudicated at this stage. The applicant was directed to file a separate discharge application before the trial court.

What did the court decide?

Prayer for quashing the charge sheet, cognizance/summoning order, and entire proceedings refused.

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

¶1

Neutral Citation No. - 2023:AHC:177382

¶2

Court No. - 86

¶3

Case :- APPLICATION U/S 482 No. - 28667 of 2023

¶4

Applicant :- Shahrukh Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajiv Gupta,J.

¶6

List has been revised. No one has appeared on behalf of the applicant to press this application, however, learned AGA for the State is present.

¶7

The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 9.11.2021 and cognizance/summoning order dated 10.11.2021 as well as entire proceedings of Criminal Case No. 547 of 2022 arising out of Case Crime No. 296 of 2021, under Sections 419, 420, 465, 466, 467 IPC, Section 36/42 of Aadhar Act 2016 and 66/66D I.T Act, P.S. Parikshitgarh, District- Meerut, pending in the court of Addl. Chief Judicial Magistrate, Court No. 6, Meerut.

¶8

From the perusal of the record shows that applicant has already been released on bail.

¶9

Learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.

¶10

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. The disputed questions of fact cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

¶11

At this stage, only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the 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

¶12

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.

¶13

Moreover, the applicant had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 Cr.P.C., as the case may be, through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.

¶14

At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused has a right to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against him.

¶15

The prayer for quashing the charge sheet, cognizance/summoning order and entire proceedings is therefore refused.

¶16

However, it is directed that in case the applicant files an application for discharge before the court below, the same be considered and decided expeditiously in accordance with law after hearing the public prosecutor.

¶17

With the aforesaid directions, this application under Section 482 Cr.P.C. is finally disposed of.

¶18

Order Date :- 13.9.2023 KU

¶19

Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad

Shahrukh Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shahrukh Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Seema Upadhyay Vs State of U.P. and Another

Sushila Devi Vs State of U.P. and Another

Dashrath Ram Vs State of Up and Another

Pankaj Kumar Vs State of U.P. and Another

Yogendra Singh Vs State of U.P.

Sarfaraz and 2 Others Vs State of U.P. and Anotehr