Gulab Singh vs State Of U.P. And Another
2023 Latest Caselaw 8399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 44129 of 2022
 

 
Applicant :- Gulab Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vivek Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

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

This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceedings of Criminal Case No. 11305 of 2019, under Sections 452,323, 354,504,506 IPC, P.S. Medical, District Meerut as well as order dated 1.12.2022 whereby his discharge application has been rejected by the court below.

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

Indisputably, it is open to this Court to quash the charges framed by the trial court and discharge the accused applicants but the same cannot be done by weighing the correctness, sufficiency of the evidence. The principle to be adopted in such cases should be that if the entire evidence produced by the prosecution is to be believed would it constitute the offence or not. It is only at the stage of the trial that truthfulness, sufficiency and acceptability of the evidence can be adjudged. Therefore, it will not be proper to truncate or snip the proceeding at this stage. The impugned order passed by the court below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant no interference by this Court.

Perusal of the impugned order discloses that the court below has rightly dismissed the argument for discharge of applicant. There is no illegality, perversity or impropriety in the impugned order. There is no jurisdictional error in the impugned order. The application has no force and is hereby dismissed.

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 applicant in view of the judgment in the case Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

It is further provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, the same shall be considered and decided in view of the settled law laid down in Satender Kumar Antil Vs Central Bureau of Investigation and another (Special Leave to Appeal (Criminal) No. 5191 of 2021 decided on 7.10.2021.

For a period of 30 days, no coercive steps shall be taken against the applicant.

Application is accordingly disposed of.

Order Date :- 22.3.2023

RavindraKSingh