Disposed

Ram Sagar Ojha and 3 Others v. State of U.P. and Another

Allahabad HC11 Jan 2023A482/41272/2022

Case brief

AI extract

What is this about?

The High Court refused an application under Section 482 Cr.P.C. to quash criminal proceedings, holding that prima facie an offence is disclosed. The court allowed applicants to file a bail application within three weeks.

What did the court decide?

Application for quashing of proceedings refused; liberty granted to apply for bail in the court below within three weeks.

Ram Sagar Ojha and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Court No. - 65

¶2

Case :- APPLICATION U/S 482 No. - 41272 of 2022

¶3

Applicant :- Ram Sagar Ojha And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Gupta,J.

¶5

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

¶6

This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet No. 267 of 2020 dated 27.6.2020 and cognizance order dated 21.11.2020 as well as further proceedings of Case No. 24007 of 2020 (State vs. Ram Sagar Ojha and others) arising out of Case Crime No. 600 of 2019, under Sections 147, 323, 504, 506 IPC, P.S. Chakeri, District- Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.

¶7

As per the allegation made in the first information report, it is alleged that on 18.2.2019, the applicants entered in the house of victim and tried to assault the inmates of the house and in the absence of the complainant, the applicants forcibly entered in the house and assaulted his minor daughters by hurling abuses. The applicants are said to have assaulted the victim and also broken household articles kept therein and lift the place of incident after extending death threats to him.

¶8

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.

¶9

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, the entire criminal proceedings cannot be quashed.

¶10

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

¶11

collected during the course of investigation prima facie, offence is clearly disclosed against the applicants.

¶12

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.

¶13

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.

¶14

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

¶15

Order Date :- 11.1.2023 KU

¶16

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

Ram Sagar Ojha and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Sagar Ojha and 3 Others 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

Munendra and 2 Others Vs State of U.P. and Another

Mohammad Raza Vs State of U.P. and Another

Mohd. Hasan @ Sanu and Another Vs State of U.P.

Smt. Omwati and 3 Others Vs State of U.P. and Another

Virendra Kumar Sharma and Another Vs State of U.P. and Another

Sani and Another Vs State of U.P. and Another