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Jitendra Alias Jitendra Singh And 3 Others v. State Of U.p. And Another

Jitendra Alias Jitendra Singh And 3 Others v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 11909 of 2023 | 13-04-2023

Shekhar Kumar Yadav, J.

1. Mr Balbeer Singh, Advocate has filed his vakalatnama on behalf of the opposite party no. 2 today, which is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

3. This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceedings of Criminal Case No. 14457 of 2022 (arising out of Case Crime No. 333 of 2022), under Sections 452,323,504,506 IPC, P.S. Tajganj, District Agra including the charge sheet and the cognizance order.

4. The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.

5. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of M/s Neeharika Infrastructure PVT Ltd. Vs State of Maharashtra, AIR 2021 SC 1918 [LQ/SC/2021/2114 ;] , R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, State of M.P. Vs Awadh Kishore Gupta and others [(2004) 1 SCC 691, [LQ/SC/2003/1170] and Dr. Monica Kumar and Another Vs State of UP and Others, (2008) 8 SCC 781 [LQ/SC/2008/1309] . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. or 245 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.

6. The prayer for quashing the proceedings of case as well as charge sheet is refused.

7. At this stage, learned counsel for the applicants submitted that directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the case Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

8. In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail, same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satendra Kumar Antil (supra).

9. As such application has no force and is accordingly disposed of.

Advocate List

  • Ashutosh Pratap Singh,Lokendra Pratap Singh

  • G.A.

Bench
  • Hon'ble Justice Shekhar Kumar Yadav
Eq Citations
  • LQ
  • LQ/AllHC/2023/3464
Head Note

Constitution of India — Arts. 226 and 227 — Maintainability — Civil/Criminal proceedings — Quashing of entire proceedings — Maintainability of quashing of entire proceedings under S. 482 CrPC — Held, disputed question of fact cannot be adjudicated upon under S. 482 CrPC — At this stage only prima facie case is to be seen — Disputed defence of accused cannot be considered at this stage — Applicants have got a right of discharge under Ss. 239 or 227/228 CrPC or S. 245 CrPC as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court — Moreover, as and when, applicants approach the trial court for bail, same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by the High Court in Satendra Kumar Antil, (2021) 1 SCC 922 — Criminal Procedure Code, 1973, S. 482