Dismissed

Mithun Ram and 2 Othrs v. State of U.P. and Another

Allahabad HC2 Jan 2023A482/39794/2022

Case brief

AI extract

What is this about?

This Section 482 CrPC application sought quashing of charges and non-bailable warrant in a criminal trial alleging assault. The bench held that prima facie offence was made out and refused the quashing prayer, allowing only future bail consideration if applicants surrender.

What did the court decide?

Prayer to quash proceedings and NBW refused; bail application allowed conditionally if applicants surrender within three weeks.

Mithun Ram and 2 Othrs Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 39794 of 2022

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Applicant :- Mithun Ram And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Mohan Singh 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 CrPC has been filed by the applicants with the prayer to quash the impugned charge-sheet dated 23.11.2019, cognizance order dated 03.12.2019, NBW dated 11.05.2022 and entire proceedings of Criminal Case No. 1557 of 2019 (State Vs. Sudarshan Ram and Others), arising out of Case Crime No. 112 of 2019, under Sections 147, 148, 149, 308, 323, 336, 506 IPC, Police Station Sahatwar, District Ballia, pending in the court of Judicial Magistrate-IInd, Ballia.

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As per the allegations made in the FIR as well as statement of the witnesses recorded under Section 161 CrPC, it is alleged that on 09.08.2019 at about 6:00 PM, when the victims reached at the place of incident, the applicants armed with lathi danda assaulted him. On account of assault made by them, three person suffered injuries and have been medically examined.

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Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicants has next submitted that allegations made in the FIR are false, cooked up and concocted made just with an intention to drag the applicants in criminal court and as such, impugned non-bailable warrant be quashed.

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Per contra, learned AGA has vehemently opposed the aforesaid prayer and has submitted that from perusal of the allegations made in the FIR and material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, impugned non-bailable warrant cannot be quashed.

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Having considered the rival submissions made by learned counsel for the parties and from perusal of the allegations made in the FIR as well as statements of the witnesses recorded under Section 161 CrPC, prima facie offence is clearly made out against the applicants.

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At this stage, disputed question of fact cannot be considered,

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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, prayer for quashing the impugned non-bailable warrant and entire proceedings is refused.

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However in case, the applicants appear/ surrender before the court below and apply for bail within three weeks from today, their bail application be considered and decided 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 both the parties.

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With the aforesaid observations, this application under Section 482 CrPC is finally disposed off.

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Order Date :- 2.1.2023 Nadim

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Digitally signed by NADIM ALAM Date: 2023.01.03 16:11:54 IST Reason: Location: High Court of Judicature at Allahabad

Mithun Ram and 2 Othrs v. State of U.P. and Another

Case brief

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Mithun Ram and 2 Othrs v. State of U.P. and Another

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