Partly allowed

Suresh Babu Diwakar and 4 Others v. State of U.P. and Another

Allahabad HC2 Jul 2018A482/19771/2018

Case brief

AI extract

What is this about?

This Court refused to quash criminal proceedings under Section 482 Cr.P.C. as disputed facts require trial. The Court directed applicants to surrender and apply for bail within 45 days; otherwise, coercive action will be taken.

What did the court decide?

The application for quashing is refused. The applicants are granted an opportunity to apply for bail if they surrender before the court below within 45 days from today.

Suresh Babu Diwakar and 4 Others Vs State… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 19771 of 2018

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Applicant :- Suresh Babu Diwakar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivanand Mishra 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 entire proceeding of Case Crime No. 1120 of 2017 (State Vs. Suresh Babu Diwakar and others), under Sections 147, 323, 325, 504, 506 IPC, Police Station Friends Colony, District Etawah, pending in the court of Chief Judicial Magistrate, Etawah.

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Learned counsel for the applicants submits that the FIR has been lodged by way of counter blast to an earlier criminal case lodged by the applicants against the husband of opposite party no.2. It is also submitted that the dispute between the parties is essentially civil in nature over an immovable property with respect to which a partition suit is stated to be pending between them.

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As to the injuries, it is submitted that one of the independent witness Amar Chandra has specifically stated that the assault had been made only on Pramod Kumar. It is thus submitted that the allegation made with reference to injuries claimed by the wife of Pramod Kumar is patently false.

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However, at present state, no firm conclusion can be drawn on the factual aspect of the matter as has been canvased by learned counsel for the applicants as that would require appraisal of evidence.

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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 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

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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 :- 2.7.2018 Mini

Suresh Babu Diwakar and 4 Others v. State of U.P. and Another

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Suresh Babu Diwakar and 4 Others v. State of U.P. and Another

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