Disposed

Farman Khan and 3 Others v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC12 Jan 2024A482/286/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, the Court held that contentions regarding false implication are matters of defense triable on merits. The application was disposed of with directions to file a discharge application.

What did the court decide?

Application disposed; directed to move discharge application within four weeks; directed no coercive action for two months.

Farman Khan and 3 Others vs State of U.P. Thru. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3815

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 286 of 2024

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Applicant :- Farman Khan And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Dr. Pooja Singh,Abhishek Yadav,Surya Prakash Tiwari

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Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Dr. Pooja Singh, learned counsel for the applicants and learned A.G.A. for the State.

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The present application has been filed for quashing/staying the entire proceeding of Criminal Case No. 13005 of 2023 ( State vs. Aasif Khan and others ), arising out of case crime No. 358 of 2018, u/s 147, 148, 332, 153-A, 295-A, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Katra Bazaar, District Gonda, pending before Judicial Magistrate-II, Gonda, including the charge sheet dated 12.3.2023 as well as summoning order dated 8.6.2023.

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Contention of learned counsel for the applicants is that though the applicants No.1, 2 & 3 were named in the F.I.R. and in the first charge sheet their name was also mentioned as accused, but respondent No.4 was not named in the F.I.R. and his name was mentioned in subsequent charge sheet. It is further submitted that in the photographs, relied upon by the Investigating Officer, the applicants were not present and merely on the basis of statements of other persons they were falsely implicated in the impugned proceedings.

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Learned A.G.A. opposed the prayer and submitted that there are sufficient evidence against the applicants and whatever submissions are made on behalf of the applicants, are their defence that can be considered at the time of discharge or during trial.

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Considering the aforesaid submission, this Court is of the view that the contention raised by the applicants are their defence which cannot be looked into during exercise of power u/s 482 Cr.P.C. for quashing criminal proceeding.

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Accordingly, the present application is disposed of with a direction that if the applicants move a discharge application before the court below within a period of four weeks, then same shall be considered by the court below within next four weeks

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by a reasoned and speaking order.

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It is further directed that for a period of two months, no coercive action shall be taken against the applicants.

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It is made clear that if the applicants fail to file discharge application within the aforesaid period of four weeks, then they will not be entitled to the benefit of this order.

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Order Date :- 12.1.2024 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Farman Khan and 3 Others v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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Farman Khan and 3 Others v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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