Partly allowed

Dushyant and 4 Others v. State of U.P. and Another

Allahabad HC30 Aug 2024A482/28809/2024

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR and charge sheet under Section 482 Cr.P.C., holding that cognizance was taken after considering evidence. However, the court allowed a 30-day window for the applicants to surrender and seek regular bail, granting interim protection from coercive action during this period.

What did the court decide?

Application to quash proceedings dismissed; 30-day liberty granted to apply for bail with interim protection from coercive action.

Dushyant and 4 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140380

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 28809 of 2024

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Applicant :- Dushyant And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard Sri Chandra Kumar Dwivedi, Advocate holding brief of Sri Atul Kumar Pandey, 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 entire proceedings of Case No. 64650 of 2024 (State Vs. Dushyant and others), charge sheet dated 14.04.2024 arising out of Case Crime No.56 of 2024, under Section 147, 148, 323, 452, 504, 506, 352, 324 of IPC, Police Station Narkhi, District Firozabad as well as summoning order dated 26.07.2024 passed in aforesaid case.

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It is submitted by learned counsel for the applicants that applicants are the neighbour and civil suit is pending between them before the Civil Judge (Junior Division), Firozabad and to put pressure upon the applicant, the present FIR is lodged. In the incident, both sides have sustained injuries. All the injuries sustained by the injured persons are simple in nature. It is further submitted that there is no evidence of involvement of applicant in the crime. It is submitted that no independent witness has been examined. 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 the 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, charge sheet dated 14.04.2024, cognizance order dated 26.07.2024 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

Dushyant and 4 Others v. State of U.P. and Another

Case brief

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Dushyant and 4 Others v. State of U.P. and Another

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