Allahabad High Court
Taufeeq And 3 Others vs State Of U.P. And Another on 6 January, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 37423 of 2022
Applicant :- Taufeeq And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Virendra Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants and learned AGA for the State.
By means of this application u/s 482 Cr.P.C. the applicant has prayed for quashing of the entire proceedings in Case No. 2789 of 021 arising out of Case Crime No. 40 of 2021, under Sections 452, 323, 504 506 IPC, P.S. Kotwali Nagar Mahoba, District Mahoba pending int he Court of CJM, Mahoba.
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.
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.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court.
After arguing for while, learned counsel for the applicants submitted that the non bailable warrant has been issued against the applicants by the trial Court and the applicants are ready to appear before the trial court and hence some protection may be granted to him.
The prayer for quashing the proceedings is refused.
At this stage, learned counsel for the applicant 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.
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. The applicants are directed to approach the trial court for bail within 15 days and in case they approaches court below 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).
For the period of 15 day, non-bailable warrant of arrest issued against the applicants shall be kept in abeyance.
As such application has no force and is accordingly disposed of.
Order Date :- 6.1.2023
RavindraKSingh
