Dismissed

Km Afreen Shahid v. State of U.P. and Another

Allahabad HC6 Feb 2023A482/42838/2022

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash chargesheet was dismissed. The court held that prima facie ingredients of the offence appear and the applicant may be able to defend her case, so the application is disposed of with directions for bail.

What did the court decide?

Application to quash chargesheet dismissed; applicant directed to apply for bail within 30 days for independent consideration.

Km Afreen Shahid Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 42838 of 2022

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Applicant :- Km Afreen Shahid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saqib Meezan,Salman Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Salman Ahmad, learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the impugned chargesheet dated 08.10.2022 in Case No. 649 of 2021; State v. Istiyaq Alam and others, arising out of Case Crime No. 245 of 2019, under Sections 3/9, 4, 5, 6, 7, 10 The Uttar Pradesh Public Examination (Prevention of Unfair means) Act and Section 420, 406, 120-B IPC and section 66D Information Technology (Amendment) Act, Police Station Civil Lines, District Aligarh, pending before the court of learned Chief Judicial Magistrate, Aligarh.

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Submission of the learned counsel for the applicant is, applicant has been falsely implicated owing to her earlier complaint lodged to the police authority with respect to alleged act of molestation against Haider. It is then submitted, offending material though may have been forwarded to the applicant on her whatsapp profile, she never made use of it, inasmuch as the mobile device on which her whatsapp subscription had been configured was on shut down mode. In support thereof, learned counsel for the applicant relies on the statement of the present applicant recorded under Section 161 Cr.P.C. Also, it has been submitted, applicant is a girl student of MBA course, therefore, she deserves mercy to be allowed to apply for discharge through counsel.

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On the other hand, learned AGA would submit, at present, case diary material clearly suggest direct involvement of the applicant in the offence alleged. Wholly unbelievable and in any case unreliabe (at this stage) story offered by way of defence, may never be accepted or acted upon in exercise of inherent jurisdiction under 482.

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Having heard the learned counsel for the parties and having perused the record, insofar as ingredients of offence are do appear

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to exist and further inasmuch as the role of the present applicant also appears to be made out in the occurrence, no good ground exists to quash the entire prosecution. All pleas being raised and defence being set up by the learned counsel for the applicant are such as may be tested on the strength of the evidence that may arise at the trial.

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Without making any further observation as may prejudice the proceeding of discharge/framing of charge and trial, if any, the application is disposed of with the direction, in case the applicant appears before the learned court below within 30 days from today and applies for bail, that application may be dealt with and decided on its own merits without being prejudiced by any observation made in this order.

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Order Date :- 6.2.2023 SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Km Afreen Shahid v. State of U.P. and Another

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Km Afreen Shahid v. State of U.P. and Another

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