Sani and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Sani and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing refused; applicants given liberty to appear before the court below within three weeks and apply for bail, which is to be considered and disposed of in view of Satender Kumar Antil (2021) 10 SCC 773 after hearing the parties.

Issue for consideration

Whether the charge sheet No. 823/19 dated 22.12.2019, the cognizance order dated 18.8.2020 and the further criminal proceedings of Case No. 783 of 2020 arising out of Case Crime No. 896 of 2019 should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

From the perusal of the allegations in the FIR, the statement of the witnesses and the material collected during investigation, prima facie offence is clearly disclosed against the applicants; at this stage, disputed questions of fact cannot be considered.

Ratio / Principle

In view of the law laid down by the Apex Court in R.P. Kapur, State of Haryana Vs. Bhajan Lal, State of Bihar Vs. P.P. Sharma and Zandu Pharmaceutical Works Ltd., the prayer for quashing the entire criminal proceedings is refused.

Key takeaways

If the applicants appear before the court below within three weeks and apply for bail, their bail application shall be considered and disposed of in view of the law laid down in Satender Kumar Antil (2021) 10 SCC 773, after hearing the parties.ratio¶13
With the aforesaid observations, the application under Section 482 Cr.P.C. is finally disposed of.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Gupta, J.) finally disposed of an application under Section 482 Cr.P.C. by Sani and another seeking quashing of charge sheet No. 823/19 dated 22.12.2019, cognizance order dated 18.8.2020 and further proceedings of Case No. 783 of 2020 (State vs. Akash and others) arising out of Case Crime No. 896 of 2019 under Sections 147, 148, 323, 353, 506 IPC and 7 Criminal Law Amendment Act, P.S. Tajganj, District Agra, pending before the Chief Judicial Magistrate, Agra. Finding that prima facie offence is clearly disclosed against the applicants from the FIR, witness statements and investigation material, and that disputed questions of fact cannot be considered at that stage, the court, relying on R.P. Kapur, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical, refused the prayer for quashing. However, it directed that if the applicants appear before the court below within three weeks and apply for bail, their bail application be considered and disposed of in view of Satender Kumar Antil (2021) 10 SCC 773 after hearing the parties.

Court No. - 65

Case :- APPLICATION U/S 482 No. - 41364 of 2022

Applicant :- Sani And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

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

This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet No. 823/19 dated 22.12.2019 and cognizance order dated 18.8.2020 as well as further proceedings of Case No. 783 of 2020 (State vs. Akash and others) arising out of Case Crime No. 896 of 2019, under Sections 147, 148, 323, 353, 506 IPC and 7 Criminal Law Amendment Act, P.S. Tajganj, District- Agra, pending in the court of Chief Judicial Magistrate, Agra.

As per the allegation made in the first information report, it is alleged that on 12.9.2019 at about 3:50 p.m., while the police party was on patrolling duty, an information was received that there is a quarrel ensuing between two groups. On getting information, the police party reached at the place of incident and found that applicants and other sides were assaulting each other by lathi, danda and sariya and indulging in pelting stones. On account of the said incident, as many as five persons have suffered injuries and have been medically examined. The first information report has been lodged by the Sub-Inspector.

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.

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.

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

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.

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.

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

Order Date :- 11.1.2023 KU

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