Allahabad High Court
Dharamvir Singh And 4 Others vs State Of U.P. And Another on 30 August, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 22173 of 2022 Applicant :- Dharamvir Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard Ms. Nandani Pandey, learned counsel holding brief of Sri Lal Mani Tripathi, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed for quashing the proceedings of Criminal Case No. 5691 of 2022 (State Vs. Dharamvir Singh and others) arising out of Case Crime No.647 of 2021, under Sections 323, 427, 34, 452 I.P.C. Police Station Rasulabad, District Kanpur Dehat pending before learned Judicial Magistrate-Ist, District Kanpur Dehat as well as to quash the charge sheet dated 16.12.2021 and also cognizance order dated 03.03.2022.
On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicants.
This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.
At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.
As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
With the aforesaid observations, the application is disposed off.
Order Date :- 30.8.2022 S.Ali