Appeal against charge sheet and summons dismissed. Observed that surrender-based bail application must be decided per Satender Kumar Antil precedent.
Appeal dismissed; bail consideration left for trial court if appellants surrender.
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Neutral Citation No. - 2023:AHC:128202
Court No. - 51
Case :- CRIMINAL APPEAL No. - 5967 of 2023
Appellant :- Aivaran Singh @ Mall And 5 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
sheet was filed by the police. It is further submitted that there is no illegality in the cognizance order and also in the order summoning the appellants to face the trial. It is also submitted that after issuance of summons and bailable warrants, non-bailable warrants were issued against the appellants. It is also submitted that injured Sapna Devi, daughter of the informant has made categorical statement that they were abused by their caste by the accused persons at the time of incident. It is also submitted that three injured persons sustained injuries in the incident caused by the appellants and they have been medically examined. It is further submitted that all the witnesses of fact as well as the injured have supported the prosecution case. It is further submitted that there is no ground for quashing the charge sheet or summoning order or the order for issuance of non-bailable warrants against the appellants. It is further stated that in the case of Rajeev Kourav Vs. Baisahab (2020)3 SCC 317 the Hon'ble Apex Court has held that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 Cr.P.C. for quashing criminal proceedings. If a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding.
Order Date :- 22.6.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
3 issues framed by the court
Whether the criminal appeal against the charge sheet, summoning order, and non-bailable warrant has merit.
Whether the High Court can quash criminal proceedings despite a prima facie case.
Whether the bail application of appellants who surrender should be considered by the trial court.
Colour shows how this judgement treated each authority
Rajeev Kourav Vs. BaisahabReferred¶10
Rajeev Kourav Vs. Baisahab (2020)3 SCC 317 · Who else cites this
Satender Kumar Antil vs. Central Bureau of Investigation and anotherExplained¶13
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825. · Who else cites this
2 provisions across 2 enactments
Aivaran Singh @ Mall And 5 Others
State of U.P. and Another
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
