Disposed

Zair Hasan Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC23 Jan 2024A482/595/2024

Case brief

AI extract

What is this about?

The High Court heard an application under Section 482 Cr.P.C. seeking quashing of proceedings. The applicant withdrew the merit and sought directions for expedited bail hearing. The court disposed of the matter without quashing proceedings.

What did the court decide?

Application disposed; applicant allowed to file bail application for expedited consideration.

Zair Hasan Khan vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6336

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 595 of 2024

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Applicant :- Zair Hasan Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Asaghar Mehdi,Manish Mani Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Syed Asaghar Mehdi, the learned counsel for the applicant and Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the record.

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2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 11.01.2023, summoning order dated 27.03.2023 as well as the entire proceeding of Criminal Case No. 2412 of 2023 arising out of Case Crime No. 1326 of 2022, under Sections 323, 504, 506 IPC, Police Station Kotwali Nagar, District Sultanpur pending in the Court of Chief Judicial Magistrate, Court No. 16, Sultanpur.

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3. The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated.

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4. Learned A.G.A. has opposed the aforesaid prayer and has submitted that while exercising the jurisdiction under Section 482 Cr.P.C., this Court cannot go into the correctness of the allegations made against the applicant and has only to examine whether on the basis of the allegations made and material collected during investigation, the offences are made out against the applicant or not.

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5. The Hon'ble Supreme Court in C.B.I. v. Aryan Singh , 2023

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SCC Online SC 379 has held that while exercising the powers under Section 482 Cr.P.C., the Court is not required to conduct a mini trial. It does not require the prosecution/investigating agency to prove the allegations. While exercising the powers under Section 482 of the CrPC the Court has very limited jurisdiction and is required to consider "whether any sufficient material available to proceed further against the accused for which the accused is required to be tried or not".

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6. Confronted with the aforesaid objection, the learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move an application, before the court concerned seeking bail and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

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7. Accordingly, the instant application is disposed of by observing that in case the applicant appear and file an application for their release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I. , (2021) 10 SCC 773.

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Order Date :- 23.1.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Zair Hasan Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Zair Hasan Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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