Dismissed

Brajesh Kumar Singh v. State of U.P. and Another

Allahabad HC3 Jan 2023A482/40939/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking quashing of proceedings in an Arms Act case. Finding a prima facie offence made out, the court refused the quashing prayer but directed the lower court to consider a bail application if filed within three weeks.

What did the court decide?

Prayer to quash charge sheet and proceedings refused. Bail application if filed within three weeks to be considered by the learned Judicial Magistrate.

Brajesh Kumar Singh Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

¶1

Court No. - 65

¶2

Case :- APPLICATION U/S 482 No. - 40939 of 2022

¶3

Applicant :- Brajesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajiv Gupta,J.

¶6

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

¶7

This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet dated 13.06.2020 and charge sheet No.106 of 2020 along with cognizance/summoning order dated 21.10.2020 passed by learned Judicial Magistrate, Pilibhit as well as entire criminal proceeding of Case No.10448 of 2020 (State Vs. Brajesh Kumar Singh) arising out of Case Crime No.170 of 2019, u/s 3/25 Arms Act, Police Station- Sehramau Uttarai, DistrictPilibhit, pending in the court of learned Judicial Magistrate Pilibhit.

¶8

Learned counsel for the applicant submitted that on the basis of recovery of 0.32 bore pistol and cartridges, the instant first informant report was lodged against the applicant and the police after investigation has submitted charge sheet against the applicant. Applicant has been summoned for facing trial.

¶9

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

¶10

Learned counsel for the applicant has next submitted that allegations made in the FIR are false, cooked up and concocted made just with an intention to drag the applicant in criminal court and as such, charge sheet, summoning order and entire proceedings of the case be quashed.

¶11

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 applicant and as such, charge sheet and entire proceedings of the case cannot be quashed.

¶12

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 applicant.

¶13

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 , prayer for quashing the charge sheet, summoning order and entire proceedings is refused.

¶14

However in case, the applicant appears/surrenders before the court below and applies for bail within three weeks from today, his 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.

¶15

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

¶16

Order Date :- 3.1.2023 Ashutosh Pandey

¶17

Digitally signed by ASHUTOSH PANDEY Date: 2023.01.06 11:16:56 IST Reason: Location: High Court of Judicature at Allahabad

Brajesh Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Brajesh Kumar Singh 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

Vidit Agarwal Vs State of U.P. and Another

Smabhu Nath Ojha Vs State of U.P. and 2 Others

Devendra Sharma Vs State of U.P. and 4 Others

Sukkhu Ram Vs State of U.P and Another

Shivmurat Ram and 3 Others Vs State of U.P. and Another

Shamim and 3 Others Vs State of U.P. and Another