Disposed

Saeed @ Mohammad Saeed v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Allahabad HC6 Jun 2024/5268/2024

Case brief

AI extract

What is this about?

The application seeking quashing of criminal proceedings under Section 482 CrPC was disposed of without deciding on merits. The court ordered that if the applicant appears and files a bail application, it shall be heard expeditiously.

What did the court decide?

Application disposed; future bail application by applicant to be considered expeditiously.

Saeed @ Mohammad Saeed Vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42608

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5268 of 2024

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Applicant :- Saeed @ Mohammad Saeed Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Another

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Counsel for Applicant :- Purshottam Chaurasia,Prashant Kumar Chaurasia

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Purushottam Chaurasia, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the record.

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Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceeding arising out of FIR No. 0144, dated 11.08.2023, under Sections 148/ 324/ 308/ 323/ 504/ 506/ 452 IPC, Police Station Kohdaur, District Pratapgarh, Charge Sheet No. 01/2023, dated 24.08.2023, cognizance and summoning order dated 20.01.2024 passed by the learned court below in Criminal Case No. 2434/2024 (State v. Ameen & Ors.), which is pending before him. The learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case.

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Learned A.G.A. has opposed the aforesaid prayer and has submitted that while exercising the jurisdiction under Section 482 Cr.P.C., this Court cannot go into the correctness of the allegations made against the applicant and has only to examine whether on the basis of the allegations made and material collected during investigation, the offences are made out against the applicant or not.

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The Hon'ble Supreme Court in C.B.I. v. Aryan Singh , 2023

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SCC Online SC 379 has held that while exercising the powers under Section 482 Cr.P.C., the Court is not required to conduct a mini trial. It does not require the prosecution/investigating agency to prove the allegations. While exercising the powers under Section 482 of the CrPC the Court has very limited jurisdiction and is required to consider "whether any sufficient material available to proceed further against the accused for which the accused is required to be tried or not".

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Confronted with the aforesaid objection, the learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move an application, before the court concerned seeking bail and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

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Accordingly, the instant application is disposed of by observing that in case the applicant appears and files an application for his release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I. , (2021) 10 SCC 51.

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Order Date :- 6.6.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Saeed @ Mohammad Saeed v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

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Saeed @ Mohammad Saeed v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

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