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Anwar Ali And 8 Others v. State Of U.p. And Another

Anwar Ali And 8 Others v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 6653 of 2023 | 23-02-2023

Saumitra Dayal Singh, J.

1. Heard Shri Vijay Kumar Yadav, advocate holding brief of Shri Santosh Kumar Tiwari, learned counsel for the applicants and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 10.07.2021 and cognizance order dated 22.12.2022 as well as the entire proceedings of Case No.13521 of 2022 (State Vs. Anwar Ali and others) arising out of case crime no. 76 of 2021, under Sections - 147, 149, 323, 504, 506, 307, 308, 427, 452, 325 I.P.C., Police Station - Kolhui, District - Maharajganj, pending in the court of Chief Judicial Magistrate, Maharajganj.

3. Submission is, completely false allegations have been made in the FIR. No occurrence had taken place and no offence had been committed by the applicants. The injury report are stated to be manufactured.

4. On the other hand, learned A.G.A. would submit, at present, there is prima facie material to support of the FIR allegations in the shape of statements during investigation as also the injury report. In view of allegations of offence under Section 307 IPC, it has been submitted, the applicants may not be entitled to protection in terms of the decision of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Another, (2021) 10 S.C.C. 773.

5. Having heard learned counsel for the parties and having perused the record, at present, prima facie material exist in support of the FIR allegations. Accordingly, relief of quashing of the prosecution is declined.

6. Accordingly, the present application is disposed of. It is provided, in case the applicant appears before the learned court below within a period of 30 days and applies for bail, her bail application may be considered and dealt with on its own merits without being prejudiced by any observation made in this order. For a period of 30 days or till disposal of bail application, whichever is earlier, no coercive measure shall be taken against the applicants in the aforesaid case.

Advocate List
  • Santosh Kumar Tiwari

  • G.A.

Bench
  • Hon'ble Justice&nbsp
  • Saumitra Dayal Singh
Eq Citations
  • LQ
  • LQ/AllHC/2023/1467
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of charge-sheet and proceedings — Dismissal of, where prima facie material exists in support of FIR allegations — Satender Kumar Antil, (2021) 10 SCC 773, relied on