Disposed

Radhey Krishna Alias Sanjay Mishra and 5 Others v. State of U.P. and Another

Allahabad HC10 Feb 2025A482/2355/2025

Case brief

AI extract

What is this about?

In a Section 482 Cr.PC application, the court held that factual issues regarding an FIR and order of cognizance are not triable by this court as cognizable offenses are made out. The application is consigned to record while directing that the subsequent bail application be expeditiously considered.

What did the court decide?

Application filed under Section 482 Cr.P.C. declined; matter consigned to record awaiting bail application.

Radhey Krishna Alias Sanjay Mishra and 5… — Civil Procedure and Limitation | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:19208

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 2355 of 2025

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Applicant :- Radhey Krishna Alias Sanjay Mishra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavanesh Mishra,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Lavkush Dixit holding brief of Sri Santosh Kumar Dubey, learned counsel for the applicants who are six in number as well as Sri Vikas Sharma, learned State Law Officer for the State/opposite party no.1.

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This application under Section 482 Cr.PC. has been filed by the applicant against the Charge Sheet dated 13.6.2024 as well as order of cognizance dated 18.10.2024 in Case No.1283 of 2024 arising out of Case Crime No.487 of 2022, under Sections 147, 149, 323, 504, 506, 452, 354, 325 IPC, Police StationSarayenayat, District Prayagraj, pending before the court of learned Additional Chief Judicial Magistrate, Court No.6, Allahabad.

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Learned counsel for the applicants submits that with relation to lodging of the FIR, under Sections 147, 149, 323, 504, 506, 452, 354 IPC, against the applicants which was relatable to a family dispute relating to cattle.

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Learned counsel for the applicant submits that the applicants are innocent and they have been falsely implicated in the case.

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Learned AGA on the other hand submits that the offences are made out narration of the facts as enumerated in the first

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information report. He further submits that this Court may not go into the factual aspect in this matter.

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At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail.

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I have heard the learned counsel for the parties and perused the record.

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I am of the opinion of the court, cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record.

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In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay looking into the aspect relating to the applicants no. 1 and 2 being senior citizens and 3 being a lady.

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Order Date :- 10.2.2025 piyush

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

Radhey Krishna Alias Sanjay Mishra and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Radhey Krishna Alias Sanjay Mishra and 5 Others v. State of U.P. and Another

Case brief

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