Dismissed

Atif and 2 Others v. State of U.P and Another

Allahabad HC12 Jan 2023A482/39806/2022

Case brief

AI extract

What is this about?

In this quashing application under Section 482 Cr.P.C., the Allahabad High Court held that prima facie offence is disclosed against the applicants based on FIR allegations. Consequently, the prayer to quash the charge sheet and cognizance order is refused, but bail is granted conditionally if applied within three weeks.

What did the court decide?

Prayer to quash proceedings refused; conditional bail allowed if applied within three weeks.

Atif and 2 Others Vs State of U.P and Another — Caste Atrocities | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 39806 of 2022

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Applicant :- Atif And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Supplementary affidavit filed today is taken on record.

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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 3.5.2022 and cognizance order dated 8.8.2022 as well as further proceedings of S.T. No. 645 of 2022 (State vs. Atif and others) arising out of Case Crime No. 67 of 2022, under Sections 323, 504 IPC and sections 3(1) (Da) and 3(1) (Dha) of SC/ST Act, P.S. Saidnagli, District- Amroha, pending in the court of Addl. Sessions Judge/Special Judge, SC/ST Act, Amroha.

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As per the allegation made in the first information report, it is alleged that on 6.4.2022 at about 11:30 a.m., the applicants reached at the place of incident and started hurling abuses with the name of his caste and on being asked to refrain from abusing, the applicants assaulted the victim by kicks, fists, lathi and danda and left the place of incident extending 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, the entire criminal proceedings be quashed.

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Per contra, learned AGA as well as counsel for the opposite party No. 2 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, the entire criminal proceedings cannot be quashed.

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Having considered the rival submissions made by learned

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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 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 :- 12.1.2023 KU

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

Atif and 2 Others v. State of U.P and Another

Case brief

What is this about?

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Atif and 2 Others v. State of U.P and Another

Case brief

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