Dismissed

Wasir Ahmad and 5 Others v. State of U.P. and Another

Allahabad HC30 May 2018A482/16333/2018

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings under Section 482 Cr.P.C. The court held facts were disputed. However, it directed that applicants surrender before the trial court within 45 days to seek bail; otherwise, coercive action would be taken.

What did the court decide?

Application refused; conditional bail liberty granted if applicants surrender within 45 days; failure attracts coercive action.

Wasir Ahmad and 5 Others Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 49 Case :- APPLICATION U/S 482 No. - 16333 of 2018 Applicant :- Wasir Ahmad And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Kumar Tripathi,Arvind Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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

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The present 482 Cr.P.C. application has been to quash the entire criminal proceedings in pursuance of charge sheet dated 09.06.2016 in Case No. 465 of 2018, arising out of Case Crime No.279 of 2016, under Sections147, 323, 504, 506, 452 I.P.C., Police Station- Barsathi, District- Jaunpur.

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The matter was referred to the Mediation centre by the order dated 9.5.2018. Learned counsel for the applicants states that the applicants have not been complied with the aforesaid order inasmuch as no payment has been made before the Mediation centre. Thus, the mediation proceeding stands dropped. However, subject to the payment of cost Rs. 5000/- to the Legal Services Committee, High Court, Allahabad within a period of two weeks from today.

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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 at this stage. 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. 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.

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The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 45 days and no more 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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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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It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.

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

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Order Date :- 30.5.2018/Mini

Wasir Ahmad and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Wasir Ahmad and 5 Others v. State of U.P. and Another

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