Dismissed

Udaibhan Singh and 3 Others v. State of U.P. and Another

Allahabad HC5 Dec 2018A482/15566/2017

Case brief

AI extract

What is this about?

The Court refused the prayer to quash proceedings under Section 482 Cr.P.C. as disputed questions of fact were involved. Directions were issued for bail consideration and limitation on coercive actions against applicants during a specific period or pending discharge application.

What did the court decide?

Prayer for quashing proceedings refused; bail to be considered on day of custody; no coercive action for 60 days or till bail application.

Udaibhan Singh and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 15566 of 2017 Applicant :- Udaibhan Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Geetam Singh,Anil Kumar Counsel for Opposite Party :- G.A.,Vijay Prakash Singh Kushw

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C has been filed to quash the summoning order dated 2.1.2017 passed by learned Chief Judicial Magistrate Kasganj as well as entire proceedings ofCase No. 1911 of 2016 Smt Brajesh Kumari vs. Udaibhan Singh and others under Section 498A, 323, 506 IPC and sectin 3/4 D.P. Act, Police Station Kasganj, District Kasganj, pending in the Court of learned Chief Judicial Magistrate, Kasganj.

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Learned counsel for the applicants contended that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.

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Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.

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

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In view of above, the prayer for quashing the proceeding in the aforesaid case, is hereby refused.

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However, if applicant Nos. 1-(Udaibhan Singh), 2-(Smt. Bhagwati), 3-(Ram Gopal) appear and apply for bail, then their bail application shall be decided on the same day on which they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].

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Learned trial court is directed that if applicant no. 4 Raj Kumar submits his discharge application through counsel within thirty days, the same shall be decided within thirty days from the date of presentation of application by speaking order.

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Till the disposal of discharge application, no coercive action shall be taken against applicant no. 4- Raj Kumar.

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For a period of 60 days from today or till applicant nos. 1-(Udaibhan Singh), 2-(Smt. Bhagwati) and 3-(Ram Gopal) surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.

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In view of above directions, application u/s 482 Cr.P.C. is disposed of.

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Order Date :- 5.12.2018

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C. MANI

Udaibhan Singh and 3 Others v. State of U.P. and Another

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Udaibhan Singh and 3 Others v. State of U.P. and Another

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