Dismissed

Lokendra and 3 Others v. State of U.P. and Another

Allahabad HC4 Jan 2023A482/33281/2022

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings filed by applicants was dismissed. Court found prima facie offence disclosed and refused quash order, though granted opportunity for bail application.

What did the court decide?

Application to quash charge sheet, summoning order and proceedings dismissed; bail consideration directed within three weeks.

Lokendra and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 33281 of 2022

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Applicant :- Lokendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 15.12.2019 and summoning order dated 1.11.2018 as well as further proceedings of Case No. 2676 of 2021 (State Vs. Lokendra and others) arising out of Case Crime No. 227 of 2019, under Sections 147, 148, 447, 506 IPC, P.S. Mirahachi, District- Etah, pending in the court of Chief Metropolitan Magistrate, Etah.

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As per the allegation made in the first information report, it is alleged that on 27.11.2022, the applicants armed with country made pistol had broken the lock of the shop of the victim and has illegally removed the furniture lying there and also made illegal demand of money and extended death threats to him.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present case has been instituted with a malafide intention for the purpose of harassment, as such, impugned charge sheet, summoning order as well as entire criminal proceedings be quashed.

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Per contra, 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 applicants and as such, impugned charge sheet, summoning order as well as entire criminal proceedings cannot be quashed.

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Having considered the rival submissions made by learned counsel for the parties and from the perusal of the allegations made in the FIR and the statement of the witnesses and material collected during the course of investigation prima facie, offence is clearly disclosed against the applicants.

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At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the impugned charge sheet, summoning order as well as entire criminal proceedings is refused.

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However, in case the applicants appear before the court below within three weeks from today and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.

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

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Order Date :- 4.1.2023 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2023.01.04 19:18:47 IST Reason: Location: High Court of Judicature at Allahabad

Lokendra and 3 Others v. State of U.P. and Another

Case brief

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Lokendra and 3 Others v. State of U.P. and Another

Case brief

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