Criminal application seeking quashing of FIR alleging investment fraud and assault dismissed. Court held that prima facie case exists and factual disputes must be adjudicated by trial court.
Application under Section 482 Cr.P.C. for quashing proceedings is dismissed.
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Neutral Citation No. - 2024:AHC:181643
Court No. - 75
Case :- APPLICATION U/S 482 No. - 29773 of 2024
Applicant :- Sandeep Kumar Das And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dubey,Rishu Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
office, he was abused, threatened and assaulted by the accused persons. The complainant has supported this version in his statement under Section - 200 Cr.P.C.. The version of complainant was further supported by witnesses examined under Section- 202 Cr.P.C.. In view of allegations made in the complaint and statements of witnesses, it cannot be said that no prima facie case is made out against applicants. The submissions raised by learned counsel for applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In view of material on record, no case for quashing of proceedings is made out. Hence, the present application under Section 482 Cr.P.C. is liable to be dismissed.
Order Date :- 21.11.2024 S Rawat
Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings under Sections 406, 504, 506, 323 IPC should be quashed on the ground that no prima facie case is made out against the applicants.
Whether the allegations regarding investment fraud, non-payment, and assault constitute a prima facie offence.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Ch. Bhajan LalReferred¶11
AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal · Who else cites this
1 provisions across 1 enactments
Sandeep Kumar Das And 2 Others
State of U.P.
Raj Beer Singh
Shobhit Rawat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
