Dismissed

Pushpa Devi and Another v. State of U.P. and Another

Allahabad HC11 Dec 2018A482/16684/2017

Case brief

AI extract

What is this about?

The High Court refused to quash the charge-sheet under Section 482 Cr.P.C. as material on record indicated an offence against the applicants. The court directed courts below to consider bail applications on the same day and imposed a restriction on coercive action for 60 days.

What did the court decide?

Refrained from taking coercive action against applicants for 60 days; directed courts below to decide bail applications on the same day.

Pushpa Devi and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 16684 of 2017

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Applicant :- Pushpa Devi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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

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This application u/s 482 Cr.P.C. has been filed to quash the charge-sheet dated 17.03.2017, arising out of Case Crime No. 221 of 2016, under Sections 147, 148, 149, 323, 504, 506, 307, 332, 353, 325, 333 I.P.C. & Section 7 Criminal Law Second Amendment Act, 1983, Police Station Rejore, District Etah, pending in the court of A.C.J.M., Court No. 17, Etah.

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Learned counsel for the applicants contended that no specific role has been assigned to the applicants. From the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.

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Per contra, learned A.G.A. and learned counsel for the opposite party no. 2 contended that after proper investigation, the police has submitted the charge-sheet against the applicants on the basis of material collected during the investigation.

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From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicants.

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From the perusal of the content of the F.I.R, it reveals that no firearm injury has been caused to any of the police personnel.

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Accordingly, the prayer to quash the charge-sheet is refused.

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In view of above, it is directed that in case applicants file

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their bail applications, their prayer for bail shall be considered and decided on the same day by courts below. If for any reason, it is not possible to decide the regular bail application on the same day, prayer for interim bail shall be considered and decided on the same day again on the same day.

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For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.

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With the aforesaid observations/directions, the instant application stands disposed of.

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Order Date :- 11.12.2018 Ashok Gupta

Pushpa Devi and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pushpa Devi and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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