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Allahabad High Court refuses to quash FIR under Section 482 CrPC

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The Allahabad High Court observed that, all the submissions made at the bar, relate to the disputed questions of fact, cannot be adjudicated upon by the Court under Section 482 Cr.P.C.

The Court refused the prayer for quashing the entire proceeding of the case.

A Single Bench of Justice Siddharth passed this order while hearing an application under Section 482 filed by Nirankar Choudhary.

The application has been filed to quash the order dated 02.3.2022 as well as the entire proceedings of Complaint Case under Sections- 138 N.I Act, Police Station- Lohamandi, District- Agra, pending in the court of the Additional, Agra.

The contention of the counsel for the applicant is that no offence against the applicants is disclosed and the prosecution has been instituted with a malafide intention for the purpose of causing harassment.

The Court observed that, from the perusal of the 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 applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by the Court under Section 482 Cr.P.C.

The Court refused the prayer for quashing the entire proceeding of the case.

However, in view of the entirety of facts and circumstances of the case and on the request of counsel for the applicant, the Court directed that in case the applicant appears and surrenders before the court below within 45 days and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by the Court in the case of Amrawati and another Vs State of U.P reported in 2004 (57) ALR 290 as well as judgement passed by the Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs State of U.P.

With the aforesaid directions, the Court disposed of the application.

“However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by the Court for surrendering before the court below as directed above”, the Court ordered.

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