MANOJ KUMAR MISHRA @ MANOJ MISHRA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3194/2025 · 2025-04-15
Saral Srivastava
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 134000 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134000 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20973 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3194 of 2025 Applicant :- Manoj Kumar Mishra @ Manoj Mishra And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed by the applicants to quash the charge sheet No.245 of 2025 dated 31.01.2025, Case No.64 of 2025, arising out of Case Crime No. 268 of 2024, under Sections 323, 504, 506, 308 I.P.C. Police Station Kamlapur, District Sitapur and summoning Order dated 18.02.2025 passed by the Civil Judge (Junior Division)/F.T.C. (C.A. W.), Sitapur
3. Learned counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. Learned counsel for the applicants though argued the matter vehemently, but could not make out a case for quashing of the charge sheet under Section 482 Cr.P.C. He lastly submits that appropriate direction be issued to the Court below to consider the bail application of the applicants in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. 5. From the perusal of the material on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of
Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. 6.
The relief as sought by the applicants is refused. 7. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned Court Below within four weeks from today, and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Courts Below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC
922. 8. For the period of four weeks from today or till the time of surrender of the applicants before the concerned Court Below, whichever is earlier, they shall not be arrested in the above case. 9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off. Order Date :- 15.4.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad, Lucknow Bench