Dismissed

Ankit v. State of U.P. and Another

Allahabad HC22 Sept 2023A482/30993/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the High Court refused to quash the charge-sheet and trial proceedings. The Court held that disputed facts could not be adjudicated at this stage, the applicant had already been granted bail, and he should file a discharge application before the trial court instead.

What did the court decide?

Prayer for quashing the charge-sheet and proceedings refused; application disposed of with directions to try court to consider discharge application expeditiously.

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

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Neutral Citation No. - 2023:AHC:184068

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 30993 of 2023

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Applicant :- Ankit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Byas Kumar Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 10.12.2022 as well as entire proceedings of Session Trial No. 153 of 2023 (State Vs. Ankit), arising out of Case Crime No. 0313 of 2022, under Sections 363, 366, 420, 467, 468, 471 IPC and Sections 3, 17, 18 of POCSO Act and Sections 3(2)(v) of SC/ST Act, Police Station Rampur Maniharan, District Saharanpur, pending in the court of Additional District Judge, Court No.13, Saharanpur.

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Learned counsel for the applicant has submitted that from perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant. He has pointed out certain documents and statements in support of his contention and has further submitted that the present case has been instituted with a malafide intention for the purpose of harassment and as such, impugned charge-sheet as well as entire proceedings be quashed.

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Learned counsel for the applicant has next submitted that the applicant has already been directed to be released on bail.

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Per contra, learned AGA has submitted that from 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, impugned charge-sheet as well as entire proceedings cannot be quashed.

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From perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no

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offence is made out against the applicant. 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.

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At this stage, only prima facie case is to be seen in the light of the law laid down by Hon'ble 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 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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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.

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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.

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The prayer for quashing the impugned charge-sheet as well as entire proceedings is therefore refused.

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However, it is directed that in case the applicant files an application for discharge before the court below, then the court below shall consider each and every aspect of the matter and shall pass a detailed order on the said application expeditiously in accordance with law after hearing both the parties.

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

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Order Date :- 22.9.2023 Nadim

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Ankit v. State of U.P. and Another

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Ankit v. State of U.P. and Another

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