Sarfaraj Khan And Another vs State Of U.P. And Another
2022 Latest Caselaw 5672 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 18103 of 2022
 

 
Applicant :- Sarfaraj Khan And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Javed Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Criminal Case No. 6405 of 2022 (State Vs. Sarfaraj and others) and charge sheet dated 17.2.2022 arising out of Case Crime No. 25 of 2022, under Sections 452, 427, 323, 504, 506 I.P.C., Police Station - Zamania, District - Ghazipur alongwith summoning order dated 11.4.2022 passed by Additional Chief Judicial Magistrate, Ghazipur.

Prima facie allegation with regard to commissioning of offence under Sections 452, 427, 323, 504, 506 I.P.C. are clearly disclosed in the first information report and is supported by evidence collected during the course of investigation. In such circumstances, chargesheet or the summoning order passed in respect thereof cannot be faulted. No interference in the present case is called for.

Leaving all factual issues open for determination at the stage of trial, this application filed under Section 482 Cr.P.C., is consigned to records.

However, it is provided that in the event applicants apply for bail before the court below the same shall be decided in view of the judgment of the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of investigation and another being Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 7.10.2021.

Order Date :- 30.6.2022

Ranjeet Sahu