Dismissed

Amit Chaudhary and Another v. State of U.P. and Another

Allahabad HC29 Aug 2024A482/28726/2024

Case brief

AI extract

What is this about?

The High Court refused the application to quash the FIR, cognizance order, and criminal proceedings under Sections 323, 504, and 506 IPC. It held quashing was not warranted but directed that bail be disposed of expeditiously within 30 days and no coercive action be taken till surrender and bail application.

What did the court decide?

Application to quash proceedings dismissed; bail application to be disposed of expeditiously within 30 days; no coercive action till surrender.

Amit Chaudhary and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140550

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 28726 of 2024

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Applicant :- Amit Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Pathak,Rahul Singh Dahiya Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for applicants, learned Additional Government Advocate for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. NIL/2018 dated 18.10.2018 and the cognizance order dated 21.02.2019 as well as the entire proceedings in Criminal Case No. 5169 of 2019 (State Vs. Amit Chaudhary and others) pending in the court of Additional Chief Judicial Magistrate, Court No.4, Agra arising out of NCR No.200/2017 under Section 323, 504, 506 of IPC, Police Station Shahganj, District Agra.

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It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. It is alleged in the FIR that at around 2.35 pm on 25.07.2017 when complainant was returning from the District and Sessions Agra, applicants have abused and threatened her in court premises, which is totally false and frivolous. All the witnesses denied the allegations made against the applicants and refused to substantiate any of the facts alleged by the complainant in her complaint dated 25.07.2017. There is no evidence of involvement of applicant in the crime. No case is made out against the applicants. It is submitted that order impugned is perverse and suffers from manifest error of law. Learned Magistrate without applying his mind summoned the accused for facing the trial.

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Per contra learned Additional Government Advocate opposed the contentions made by learned counsel for the applicants and submitted that cognizance order has been passed after considering the evidence available on record, therefore, the present application deserves to be dismissed.

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Considering the facts and circumstances of the case and after

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going through the available record, the prayer for quashing of the entire proceedings of aforesaid case, cognizance order dated 21.02.2019 is refused.

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However, it is provided that in case the applicants apply for bail within a period of 30 days from today, their application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

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For a period of 30 days or till the applicants surrender and apply for bail, no coercive action shall be taken against the applicants in the aforesaid case.

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With the aforesaid observation, the application is disposed of.

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Order Date :- 30.8.2024 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Amit Chaudhary and Another v. State of U.P. and Another

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Amit Chaudhary and Another v. State of U.P. and Another

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