Dismissed

Tara and 10 Ors. v. State of U.P. and Another

Allahabad HC6 Jun 2018A482/20758/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash a summoning order in a criminal case under Sections 323 and 504 IPC, the High Court held that the material did not clearly establish no offence was made out. The court refused the quashing prayer, directing the trial court to decide on an application for dispensation of personal appearance leniently and restraining coercive action for sixty days

What did the court decide?

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Tara and 10 Ors. Vs State of U.P. and Another — Allahabad HC (2018) — LawSathi Research

¶1

Court No. - 54 Case :- APPLICATION U/S 482 No. - 20758 of 2018 Applicant :- Tara And 10 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Tripathi,J.

¶2

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

¶3

This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 06.09.2017 passed by learned Chief Judicial Magistrate, Siddharth Nagar and as well as entire proceeding of Criminal Complaint Case No. 1572/2015 (Gore @ Naseem Vs. Tara and others), under Sections 323 & 504 I.P.C., Police Station Bhavniganj, District Siddharth Nagar, pending in the court of learned Chief Judicial Magistrate, Siddharth Nagar.

¶4

Learned counsel for the applicants contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment.

¶5

Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.

¶6

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. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.

¶7

In view of the above, the prayer for quashing the summoning order as well as entire proceedings in the aforesaid case is refused.

¶8

However, it is directed that in case the applicants file application under Section 205 Cr.P.C. for dispensing their personal appearance, the same shall be decided by learned Trial Court at appropriate stage taking lenient view.

¶9

For a period of sixty days, no coercive action shall be taken against applicants.

¶10

With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.

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Order Date :- 6.6.2018/Sharad/-

Tara and 10 Ors. v. State of U.P. and Another

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Tara and 10 Ors. v. State of U.P. and Another

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