Disposed

Nafees and Another v. State of U.P. Thru. Secy. Deptt. Home Masoom Ali Resident Banehra Devband and Another

Allahabad HC16 Feb 2024A482/1242/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, the applicant withdrew the merit-based prayer. The court disposed of the petition by directing that a bail application filed by the applicant shall be heard and decided expeditiously, citing relevant Supreme Court precedents.

What did the court decide?

Petition disposed of; in order to consider bail application filed expeditiously if applicants appear and file the same.

Nafees and Another vs State of U.P. Thru. Secy. Deptt… — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:14102

¶2

Court No. - 27

¶3

Case :- APPLICATION U/S 482 No. - 1242 of 2024

¶4

Applicant :- Nafees And Another Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Masoom Ali Resident Banehra Devband And Another Counsel for Applicant :- Amiruddin Khan,Pawan Kumar Yadav,Shahid Raza

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

1. Heard Sri Shahid Raza, the learned counsel for the applicants as well as Ms. Charu Singh, the learned A.G.A. and perused the record.

¶8

2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No.7451 of 2023 arising out of Case Crime No.142 of 2023, under Sections 308, 323, 504, 506 I.P.C. Police Station Kudwar, District Sultanpur pending in the Court of learned Judicial Magistrate/Civil Judge FTC (J.D.), District Sultanpur. The learned counsel for the applicants submitted that the applicants are innocent and they have been falsely implicated in the present case.

¶9

3. 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.

¶10

4. 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".

¶11

5. Confronted with the aforesaid objection, the learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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.

¶12

6. Accordingly, the instant application is disposed of by observing that in case the applicants 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 .

¶13

(Subhash Vidyarthi,J.)

¶14

Order Date :- 16.2.2024 Ram.

¶15

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

Nafees and Another v. State of U.P. Thru. Secy. Deptt. Home Masoom Ali Resident Banehra Devband and Another

Case brief

What is this about?

What did the court decide?

Nafees and Another v. State of U.P. Thru. Secy. Deptt. Home Masoom Ali Resident Banehra Devband and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pradeep Kumar Bajpai vs State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Smt. Prema Devi and Another vs Deputy Director of Consolidation, Sultanpur and Others

Kalim vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Pawan Kumar Alias Pawan Yadav Vs State of U.P. Thru. Addl. Chief Secy. Home Govt. Civil Sectt. Lko and Another

Anwarul Haque Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Niyaz Amhmad and 8 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another