Dismissed

Chandra Pal and 3 Others v. State of U.P. and Another

Allahabad HC9 Jan 2023A482/44038/2022

Case brief

AI extract

What is this about?

The applicant sought to quash criminal proceedings under Section 482 Cr.P.C., alleging mala fide prosecution. Holding that the FIR disclosed a prima facie offence, the court refused the quashing prayer but directed consideration of a bail application within three weeks.

What did the court decide?

Prayer for quash of charge sheet and cognizance order refused; bail application directed to be considered if filed within three weeks.

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

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 44038 of 2022

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Applicant :- Chandra Pal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.

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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 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 29.4.2022 and cognizance order dated 30.6.2022 as well as further proceedings of Case No. 875 of 2022 arising out of Case Crime No. 96 of 2022, under Sections 323, 325, 504, 506 IPC, P.S. Sikandrarau, District- Hathras, pending in the court of Judicial Magistrate, Sikandrarau, Hathras.

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As per the allegation made in the first information report, it is alleged that on 7.1.2022 at about 9 a.m., the applicants reached at the place of incident, started hurling abuses and on being asked to refrain from hurling abuses, the applicants armed with lathi, danda, kicks and fists assaulted the victims. On account of assault made by the applicants, Pushpendra and Yatendra have suffered injuries and have been medically examined.

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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, impugned charge sheet, cognizance order as well as entire criminal proceedings be quashed.

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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, impugned charge sheet, cognizance order as well as entire criminal proceedings cannot be quashed.

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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

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is clearly disclosed against the applicants.

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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 impugned charge sheet, cognizance order as well as entire criminal proceedings is refused.

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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.

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

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Order Date :- 9.1.2023 KU

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

Chandra Pal and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Chandra Pal and 3 Others v. State of U.P. and Another

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