The Allahabad High Court disposed of an application filed under Section 482 Cr.P.C. for quashing the entire proceedings of the Case under Sections 147, 332, 353, 336, 333, 427 IPC, Section 7 of Criminal Law Amendment Act, Section 3 of Prevention of Damage to Public Property Act. The court observed that at this stage, this Court is not in a position to weigh the factual matrix of the case properly, and the accused has a right to file a discharge application before the trial court.
Brief Facts:
Cases were registered under Sections 147, 332, 353, 336, 333, 427 IPC, Section 7 of the Criminal Law Amendment Act, and Section 3 of the Prevention of Damage to Public Property Act. Consequently, the accused has filed an application under Section 482 of the Code of Criminal Procedure.
Contentions of the Applicant:
The Learned Counsel for the applicant argued that from the perusal of the allegations made in the FIR and the material collected during the course of the investigation, no offence is disclosed against the applicant and the present case has been instituted with a malafide intention for harassment, and hence, entire proceedings be quashed.
Further, the Counsel submitted that the applicant has already been directed to be released on bail.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that from the perusal of the allegations made in the FIR and the material collected during the course of the investigation, prima facie offence is made out against the applicant and as such, entire proceedings cannot be quashed.
Observations of the Court:
The Court observed that from the perusal of the 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 applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C ― only a prima facie case is to be seen at this stage.
Further, the Court said that the applicant had already been directed to be released on bail and he has got right of discharge under Section 239, 245, or 227 Cr.P.C., through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
The Court remarked that at this stage, this Court is not in a position to weigh the factual matrix of the case properly and the accused has a right to file a discharge application before the trial court and the trial court may decide his discharge application if there is no evidence against him.
The decision of the Court:
The Allahabad High Court, disposing of the application, directed that in case the applicant files an application for discharge before the court below through counsel within a period of two weeks, the same be considered and decided expeditiously within six weeks.
Case Title: Randeep Singh Surjewala v State Of U.P & Anr.
Coram: Hon’ble Justice Rajiv Gupta
Case no.: APPLICATION U/S 482 No. - 9093 of 2023
Advocate for the Applicant: Mr. Akhilesh Singh, Mr. Shivam Yadav
Advocate for the Respondent: G. A.
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