Mohd. Mahboob Alee @ Aman vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4232 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 3074 of 2022
 

 
Applicant :- Mohd. Mahboob Alee @ Aman
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
 
Counsel for Applicant :- Gauri Suwan Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Kunvar Srivastav,J.

Heard learned counsel for applicant, learned Additional Government Advocate for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the chargesheet dated 16.01.2019 and summoning order dated 22.06.2019 passed by Judicial Magistrate-II in Case Crime No. 0324 of 2018, under Section 447 IPC and Section 2/3 of Public Property Damage Prevention Act, Police Station Gudamba, District Lucknow, contained as Annexure no. 1 to the application.

Learned counsel for applicant submits that the First Information Report has been lodged on the basis of false and fabricated story against the applicant who has falsely been implicated in this case. He further submits that fair investigation has not been done by the police and chargesheet has been submitted by the Investigating Officer without any material available on record and the court concerned has also taken cognizance without applying its judicial mind, therefore order whereby the cognizance has been taken as well as process and the chargesheet be quashed.

Learned AGA while opposing the contention of learned counsel for the applicant, submits that there is no illegality in the order of the subordinate court whereby the cognizance has been taken in the offence and process has been issued against the applicant and minute scrutinizing of fact cannot be made in the proceedings pertaining to Section 482 Cr.P.C.

At this juncture, learned counsel for the applicant fairly submits that the grievance of the applicant may be satisfied, if the Court below is directed to expeditiously dispose of the bail application of the applicant.

Learned AGA has no objection to the aforesaid request made by learned counsel for applicant.

Keeping in view the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 10 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in [2004 (57) ALR 290] as well as judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].

For a period of 10 days from today or till he surrenders before the court below, whichever is earlier, no coercive steps shall be taken against the applicant.

With the aforesaid directions, this petition is finally disposed of.

Order Date :- 26.5.2022

kkv/