Allahabad High Court
VIMLESH TIWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the proceedings, holding that the matter involves factual disputes not amenable to interference under Section 482 CrPC.
Summary
The applicant, Vimlesh Tiwari, filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet and cognizance order in Criminal Case No. 28328 of 2021, which involved offences under Sections 147, 148, 149, 352, 504, 506 IPC and Section 7 of the Criminal Law Amendment Act. The High Court examined the material and held that at this stage it could not be said that no offence was made out against the applicant, as the disputes were factual in nature and not suitable for interference by the court. The Court reiterated that Section 482 may be invoked only where there is a clear failure of justice or abuse of process. Consequently, the prayer to quash the proceedings was declined. The Court directed that if the applicant is not on bail, he may apply for bail within 45 days, and any discharge application must be decided by the trial court within six weeks, with no coercive measures taken during that period.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 482 CrPC on the ground that no offence is made out.
- Whether there is an abuse of process or failure of justice justifying the exercise of inherent powers under Section 482.
- Whether the applicant is entitled to bail or discharge pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 147, 148, 149, 352, 504, 506
Subjects
- Section 482
- quash of criminal proceedings
- inherent powers of court
- abuse of process
- bail
- discharge
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 18536 of 2021
Vimlesh Tiwari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Chaurasiya, Pandey
Balkrishna
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Ashish Kumar Chaurasiya, learned counsel for the applicant,
learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C., has been filed with a
prayer to quash the entire proceeding in pursuance of the impugned charge
sheet dated 16.12.2015 and order taking cognizance dated 22.06.2021 in
Criminal Case No. 28328 of 2021 arising out of Case Crime No. 327 of 2015
under Section 147, 148, 149, 352, 504, 506 IPC and Section 7 of the
Criminal Law Amendment Act, Police Station-Barhalganj, District-
Gorakhpur pending in the Court of learned Additional Civil Judge
(S.D.)II/Additional Chief Judicial Magistrate, Gorakhpur.
3. 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. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse of
procedure, this power may be exercised to prevent the abuse of process to
secure the ends of justice.
4. Accordingly, prayer for quashing is declined.
5. In case, the applicant is not on bail, it is directed that if the applicant
appears or surrenders through counsel before the Trial Court and makes an
application for bail within 45 days from the date of the order, the same shall
A482 No. 18536 of 2021
2
be considered and disposed of expeditiously, after giving opportunity to the
other side.
6. Further, it is provided that in case the applicant moves an application for
discharge at an appropriate stage through counsel, the same shall be disposed
of by the Trial Court by a reasoned and speaking order in accordance with
law within six weeks thereafter.
7. For a period of 45 days or till the disposal of the discharge application,
whichever is earlier, no coercive measures shall be taken against the
applicant in the aforesaid case.
8. With the aforesaid direction, this application is disposed of.
(Nand Prabha Shukla,J.)
September 16, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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