This court dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings for cheating. The court held that prima facie offence was made out and factual disputes could not be adjudicated at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:135305
Court No. - 91
Case :- APPLICATION U/S 482 No. - 27688 of 2024
Applicant :- Dharm Deo Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
been filed. It is further submitted that the Court below has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings.
"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.
Order Date :- 22.8.2024 S.P.
Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the allegations in the FIR disclose a cognizable offence prima facie against the applicant.
Whether Section 482 Cr.P.C. can be invoked to quash the criminal proceedings at the current stage.
Colour shows how this judgement treated each authority
State of Haryana Vs. Bhajan LalApplied¶13
State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd., vs. State of MaharashtraReferred¶21
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
R.P. Kapur Vs. State of PunjabReferred¶21
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶21
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. vs. Mohd. Saraful HaqReferred¶21
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
1 provisions across 1 enactments
Dharm Deo Yadav
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
