Dismissed

Hasim v. State of U.P. and Another

Allahabad HC17 Sept 2024A482/29149/2024

Case brief

AI extract

What is this about?

Applicant filed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings arising out of an FIR under Section 174A IPC. The High Court held that a cognizable offence was clearly made out. Consequently, the prayer to quash was dismissed, and the applicant was directed to file a separate bail application.

What did the court decide?

Prayer for quashing of criminal proceedings and chargesheet dismissed; applicant directed to file separate bail application.

Hasim vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:150930

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 29149 of 2024

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Applicant :- Hasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Head learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the material available on record.

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By means of instant application under Section 482 Cr.P.C. the applicant has prayed for quashing the entire criminal proceedings of Case No. 4252 of 2021, arising out of Case Crime No.401 of 2017, under Section 174A IPC, Police Station Gagalheri, District Saharanpur as well as chargesheet dated 21.12.2017, cognizance/summoning order dated 05.04.2018 passed by learned Chief Judicial Magistrate, Saharanpur.

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Learned counsel for the applicant submits that offence is punishable punishable for a term up to 3 years imprisonment, this is a statutory offence and has not been considered by any private individuals. The applicant has been granted anticipatory bail in main offences in Case Crime No.278 of 2016, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Gangoh, District Saharanpur.

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He further submitted that the present case has been registered against the applicant on the basis of FIR lodged at the instance of Police Inspector Virendra Singh on account of his non appearance before the court and consequently issuance of process under Section 82 Cr.P.C. against him, the proclamation under sub-section 4 has not been issued against him.

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Per contra, learned A.G.A. submits that the offence is clearly made out on the basis of material on record.

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The proceedings of the case cannot be quashed in light of the decision of the Hon'ble Apex Court in Ramveer Upadhyay Vs. The State of U.P. in Special Leave Petition (Criminal) No.2953 of 2022; Dr. Monica Kumar and another Vs. State of U.P. and

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Others 2008 (8) SCC 781; Raj Kapoor And others Vs State and others 1980(1) SCC 43; Madhavrao Jiwaji Rao Scindia & another Etc Vs Sambhajirao Chandrojirao Angre & others 2010 (6) SCC 588; State Of Haryana And others Vs Ch. Bhajan Lal and others 1998 (Supp) (1) SCC 335 and M/S Neeharika, Infrastructure Pvt. ...Vs The State Of Maharashtra 2020 (10) SCC 180.

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Considering the guidelines laid down by Supreme Court in aforesaid cited cases and the facts of the case, it cannot be held that no cognizable offence is made out against the applicant. Therefore, the prayer for quashing of criminal proceedings pursuant to chargesheet filed in the case cannot be granted.

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The instant application under Section 482 Cr.P.C. is dismissed accordingly. As the offence carries punishment less than three years of imprisonment. The applicant is at liberty to move bail application before the court below and his bail application shall be disposed of in light of the direction of the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

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Order Date :- 17.9.2024 Ashish/-

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Hasim v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Hasim v. State of U.P. and Another

Case brief

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