Dismissed

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

Allahabad HC3 Jan 2023A482/40968/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash a charge sheet, the Single Judge held that a prima facie offence was made out. The prayer for quashing was refused, but bail was directed to be considered if applicants surrender within three weeks.

What did the court decide?

Prayer to quash charge sheet refused. Bail application to be considered upon surrender of applicants within three weeks.

Shivmurat Ram 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. - 40968 of 2022

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Applicant :- Shivmurat Ram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.,Vipul Kumar Singh

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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, Shri Vipul Kumar Singh, learned counsel for the informant 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 the charge sheet dated 24.12.2019 (State Vs. Shivmurat & others) arising out of Case Crime No.227 of 2019, under Section 323, 504, 506, 325, 308 IPC, Police Station- Mehnagar, District- Azamgarh.

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As per the allegations made in the FIR, on 19.11.2029 at about 05:00 pm, the applicants assaulted the victims by lathi and danda. On account of assault made by them, Vinod Ram and Heerawati suffered injuries on their persons 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, charge sheet 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, charge sheet 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 charge sheet 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 :- 3.1.2023 Ashutosh Pandey

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Digitally signed by ASHUTOSH PANDEY Date: 2023.01.06 11:17:03 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

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

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