Dismissed

Ramji Gupta and 8 Others v. State of U.P. and Another

Allahabad HC14 Dec 2018A482/2613/2016

Case brief

AI extract

What is this about?

The High Court refused the application to quash the chargesheet and criminal proceedings under Section 482 Cr.P.C., holding that disputed facts could not be decided at this stage and that an offence was not clearly made out to be nil against the applicants.

What did the court decide?

Prayer for quashing of summons and proceedings refused. No coercive action for 60 days; bail to be decided immediately upon custody.

Ramji Gupta and 8 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 2613 of 2016

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Applicant :- Ramji Gupta And 8 Others Opposite Party :- State of U.P. And Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.,Chandra Shekhar Sharma

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants, learned A.G.A., for the State of U.P., in opposition and perused the record.

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This application under Section 482 Cr.P.C., has been filed on behalf of the applicants with a prayer to quash the chargesheet dated 10.4.2015 filed in Case No. 4072 of 2015 (State Vs. Ramji Gupta and another) arising out of Case Crime No. 69 of 2015 under Sections 143, 448, 504, 506, 427, 352 IPC, Police Station Cholapur, District Varanasi.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants.

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Per contra, learned A.G.A., opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record was sufficient justifying in passing of the summoning order in the aforesaid case.

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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.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.

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

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All the materials relevant for disposal of bail application is available on record before trial court/court concerned.

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However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day, on which they shall be taken into custody.

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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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This application stands disposed of .

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Order Date :- 14.12.2018 Jaswant

Ramji Gupta and 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ramji Gupta and 8 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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