Dismissed

Abhishek Kumar Dubey and another v. State of U.P. and another

Allahabad HC27 Apr 2018A482/13925/2018

Case brief

AI extract

What is this about?

This court rejected an application under Section 482 Cr.P.C. to quash criminal proceedings for alleged defamation and instigation to commit suicide. While refusing the quash, the bench directed the applicants to surrender within 30 days; no coercive action would be taken during this period if they complied.

What did the court decide?

The prayer for quashing proceedings and chargesheet refused. Directed applicants to surrender within 30 days to consider bail prayer; no coercive action during this period.

Abhishek Kumar Dubey and another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 13925 of 2018 Applicant :- Abhishek Kumar Dubey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Salil Kumar Rai,J.

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Heard learned counsel for the applicants and learned A.G.A.

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This application under Section 482 Criminal Procedure Code of 1973 has been filed to quash the criminal proceedings in Case No.5750 of 2017 (State vs. Shashi Prakash and others) arising out of Case Crime No.0556 of 2017 under Sections- 504, 506, 306 I.P.C., Police Station- Mariyahun, Shahabad, District- Jaunpur pending before the Chief Judicial MagistrateIII, Jaunpur.

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The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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Per contra learned A.G.A. Submitted 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 applicants. The submissions made by learned counsel for the applicants relate to disputed question of facts, 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.

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The submissions made by learned A.G.A. have force.

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The prayer for quashing the proceedings and the chargesheet is refused.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this 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 Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P .

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For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 27.4.2018/IB

Abhishek Kumar Dubey and another v. State of U.P. and another

Case brief

What is this about?

What did the court decide?

Abhishek Kumar Dubey and another v. State of U.P. and another

Case brief

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What did the court decide?

What the court decided

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