Proceedings under Section 482 CrPC cannot be quashed based on disputed questions of fact, and the accused has the right to file a discharge application before the trial court.

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

Digitally signed by :-

RAVINDRA KUMAR SINGH

High Court of Judicature at Allahabad