Zair Hasan Khan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Zair Hasan Khan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction that if the applicant appears and files an application for release on bail, it shall be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773; the prayer to quash the charge sheet, summoning order and proceedings was not pressed on merits.

Issue for consideration

Whether the charge sheet dated 11.01.2023, the summoning order dated 27.03.2023 and the entire proceedings of Criminal Case No. 2412 of 2023 (arising out of Case Crime No. 1326 of 2022, under Sections 323, 504, 506 IPC) should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The application under Section 482 Cr.P.C. was disposed of, the quashing prayer not being pressed on merits, with a direction that if the applicant appears and files an application for release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Supreme Court in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. — Application under Section 482 Cr.P.C. by Zair Hasan Khan seeking quashing of the charge sheet dated 11.01.2023, the summoning order dated 27.03.2023 and the entire proceedings of Criminal Case No. 2412 of 2023 (arising out of Case Crime No. 1326 of 2022, under Sections 323, 504, 506 IPC, Police Station Kotwali Nagar, District Sultanpur) pending before the Chief Judicial Magistrate, Court No. 16, Sultanpur. Invoking the Supreme Court's decision in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379, on the very limited scope of Section 482 jurisdiction (no mini trial; Court only to see whether sufficient material exists to proceed), counsel for the applicant did not press the quashing prayer on merits and confined it to a request that the applicant be permitted to surrender and move a bail application to be heard expeditiously. The Court disposed of the application, directing that any bail application filed upon appearance be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773. Order date: 23.1.2024.

Neutral Citation No. - 2024:AHC-LKO:6336

Court No. - 27

Case :- APPLICATION U/S 482 No. - 595 of 2024

Applicant :- Zair Hasan Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Syed Asaghar Mehdi,Manish Mani Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Syed Asaghar Mehdi, the learned counsel for the applicant and Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 11.01.2023, summoning order dated 27.03.2023 as well as the entire proceeding of Criminal Case No. 2412 of 2023 arising out of Case Crime No. 1326 of 2022, under Sections 323, 504, 506 IPC, Police Station Kotwali Nagar, District Sultanpur pending in the Court of Chief Judicial Magistrate, Court No. 16, Sultanpur.

3. The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated.

4. 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.

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

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".

6. 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.

7. Accordingly, the instant application is disposed of by observing that in case the applicant appear and file an application for their 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 773.

Order Date :- 23.1.2024 Pradeep/-

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