Facts of the Case

The applicant, Harendra Singh, filed an application under Section 482 of the Code of Criminal Procedure (CrPC) before the Allahabad High Court seeking quashing of the order dated 06.05.2016 passed by the learned Additional Sessions Judge, Firozabad in Gangster Special Trial No. 968 of 2012 (State vs. Pankaj and Another). The trial arose out of Case Crime No. 52 of 2012 registered under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

The applicant challenged the continuation of the criminal proceedings and requested the High Court to exercise its inherent jurisdiction under Section 482 CrPC.

 

Issues Involved

  1. Whether the High Court should exercise its inherent powers under Section 482 CrPC to quash the impugned order and the criminal proceedings.
  2. Whether the allegations raised by the applicant warranted interference at the pre-trial stage.
  3. Whether disputed questions of fact could be examined while deciding a petition under Section 482 CrPC.
  4. Whether the applicant was entitled to interim protection for seeking regular bail.

 

Petitioner’s Arguments

The applicant contended that:

  • No offence was made out against him.
  • The prosecution had been initiated with a mala fide intention solely to harass him.
  • The materials placed before the Court demonstrated that continuation of the criminal proceedings was unjustified.
  • The impugned order deserved to be quashed by invoking the inherent jurisdiction of the High Court under Section 482 CrPC.

 

Respondent’s Arguments

The State opposed the application and supported the continuation of the criminal proceedings.

It was submitted that:

  • The issues raised by the applicant involved disputed factual questions.
  • Such disputes required appreciation of evidence during trial and could not be adjudicated in proceedings under Section 482 CrPC.
  • Therefore, no case for quashing the proceedings was made out.

 

Court Order / Findings

The Allahabad High Court held that:

  • The grounds urged by the applicant involved factual disputes and appreciation of evidence, which could not be examined while exercising inherent jurisdiction under Section 482 CrPC.
  • Consequently, the Court declined to quash the impugned order or the criminal proceedings.
  • However, considering the nature of the allegations and the facts of the case, the Court granted limited protection to the applicant.
  • It directed that if the applicant appeared and surrendered before the trial court within two weeks and filed a bail application, the same should be considered and decided in accordance with law.
  • The Court further directed that the non-bailable warrant issued against the applicant shall remain in abeyance for two weeks, enabling him to approach the trial court for regular bail.
  • Accordingly, the application under Section 482 CrPC was disposed of.

 

Important Clarification

  • The inherent powers under Section 482 CrPC cannot ordinarily be invoked where adjudication requires appreciation of evidence or resolution of disputed facts.
  • Allegations involving factual controversies are generally matters for trial and not for determination in quashing proceedings.
  • Even while refusing to quash criminal proceedings, the High Court may grant limited protection by allowing the accused reasonable time to surrender and seek regular bail.
  • Interim protection against execution of a non-bailable warrant may be granted to facilitate lawful surrender before the trial court.

 

Sections Involved

  • Section 482 of the Code of Criminal Procedure, 1973
  • Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785325677_2267compressed.pdf

 

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