Dismissed

Shailendra Yadav @ Lalai and 5 Others v. State of U.P. and Another

Allahabad HC14 Feb 2023A482/5452/2023

Case brief

AI extract

What is this about?

The Allahabad High Court rejected an application under Section 482 Cr.P.C. seeking quashing of proceedings for threat and assault during elections. The court held that prima facie evidence of threat supported the charge and injury is immaterial for Sections 504, 506, and 452 IPC.

What did the court decide?

The application seeking quashing of the charge sheet, cognizance, summoning order and staying of proceedings was rejected.

Shailendra Yadav @ Lalai and 5… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 5452 of 2023

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Applicant :- Shailendra Yadav @ Lalai And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Saroj Kumar Yadav, learned counsel for the applicants and the learned A.G.A. for the State.

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The present application U/s 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 25.09.2022, cognizance and summoning order dated 08.12.2022, arising out of Case Crime No. 0064 of 2022, under Sections 147, 148, 323, 504, 506 I.P.C., Police Station Shahganj, Jaunpur and proceedings of Case No. 1235 of 2022 (State Vs. Shailendra Yadav @ Lalai & 5 Others) pending in the Court of ACJM III, Court No. 14, MP/MLA, Jaunpur; staying proceedings of the aforesaid case.

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The accused applicant is an Ex M.L.A. and he was candidate for Vidhan Sabha Elections from Constituency No. 365Shahganj. The complainant was also a candidate of the said Vidhan Sabha from other party. The allegation against the accused applicant is that he along with 100 of his supporters went to the hotel of the complainant and threatened and assaulted him. The police was informed and on intervention of the police, the situation could be controlled. The several independent witnesses have stated specifically during investigation and their statements were recorded under Section 161 Cr.P.C. wherein they stated that the accused applicant was present outside the hotel of the complainant with 100 of his supporters who were threatening and abusing the complainant. The police had to intervene, thereafter the crowd was dispersed

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and the situation could be controlled.

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Sri Saroj Kumar Yadav, learned counsel for the accused applicant submits that the F.I.R. is completely false and if hundred of people would have assaulted the complainant, he would have received serious injuries but the fact remains that he did not receive even a single injury.

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I have considered the submissions and gone through the record of the petition. For constituting the offence under Sections 504, 506 and 452 I.P.C., no injury is required to be caused. Further, whether a particular offence is attracted in the facts and circumstances of the case; and there is evidence to support the said offence, has to be tested at the time or framing of charge. Where there is prima facie evidene available on record supporting the offence for which charge sheet has been filed, this Court cannot quash the proceedings in exercise of its power conferred under Section 482 Cr.P.C.

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In view thereof, I find that this case has no merit and substance, which is hereby rejected .

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Order Date :- 14.2.2023 Arun K. Singh

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Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad

Shailendra Yadav @ Lalai and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Shailendra Yadav @ Lalai and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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What the court decided

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