Disposed

Rajveer and Another v. State of U.P. and Another

Allahabad HC4 Jun 2018A482/20142/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings in a caste-atrocity case was dismissed. Directions given to expedite bail hearings, considering interim bail same day and regular bail with victim's hearing under Section 15A (5) S.C./S.T. Act.

What did the court decide?

Prayer to quash dismissed. Direction to consider interim bail same day and regular bail after hearing victim per Section 15A(5) SC/ST Act.

Rajveer and Another Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2018)

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Court No. - 54

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Case :- APPLICATION U/S 482 No. - 20142 of 2018

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Applicant :- Rajveer And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ishwar Chandra Tyagi 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 applicants and 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 with a prayer to quash the entire proceeding of Session Trial No. 96 of 2018 (State v. Ram Autar & Others) arising out of Case Crime No. 12 of 2018 under Section 504 I.P.C. and 3(1)r SC/ST Act, Police Station Adampur, District J.P.Nagar (Amroha) including charge-sheet dated 31.01.2018 as well as cognizance order dated 18.04.2018. - Lalitpur and to stay the entire proceedings of the aforesaid case.

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It is contended by learned counsel for the applicants that 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 an abuse of the process of the Court.

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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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Accordingly, the prayer for quashing the impugned charge sheet as well as cognizance order is refused.

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However, none of the aforesaid offences alleged against applicants are punishable with imprisonment for more than seven years.

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In view of order passed by this Court on 23.01.2018 in Application under Section 482 Cr.P.C. No. 43217 of 2017 (Smt. Sakeena and others Vs.

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State) , it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.

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

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Order Date :- 4.6.2018 VR

Rajveer and Another v. State of U.P. and Another

Case brief

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Rajveer and Another v. State of U.P. and Another

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