Partly allowed

Nirmala Paswan and 4 Others v. State of U.P. and Another

Allahabad HC29 May 2018A482/19107/2018

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. seeking quashing of criminal proceedings was dismissed. While no offence was conclusively ruled out, the court refused quashing on factual grounds. The applicants were directed to surrender within 45 days to have bail petitions considered.

What did the court decide?

Application for quashing refused; directive to surrender within 45 days for bail consideration issued.

Nirmala Paswan and 4 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 49 Case :- APPLICATION U/S 482 No. - 19107 of 2018 Applicant :- Nirmala Paswan And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Munna Tiwari 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 filed to quash the charge sheet dated 14.10.2012 as well as the entire proceedings of Case No. 2496 of 2013 (State Vs. Nirmala Paswan and others), arising out of Case Crime No. 700 of 2012, under Sections- 147, 427, 504, 506, 352, 455, 353, 341 I.P.C. and 7 Criminal Law Amendment Act, Police Station Cantt, DistrictGorakhpur, pending in the court of learned Chief Judicial Magistrate, Gorakhpur.

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

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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 :- 29.5.2018/Mini

Nirmala Paswan and 4 Others v. State of U.P. and Another

Case brief

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Nirmala Paswan and 4 Others v. State of U.P. and Another

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