Disposed

Brijesh Kumar and 3 Others v. State of U.P. and Another

Allahabad HC10 Aug 2018A482/26691/2018

Case brief

AI extract

What is this about?

This is an application under Section 482 Cr.P.C. seeking to quash a summoning order in a session trial for offences under the IPC. The High Court refused the prayer to quash as the allegations disclosed an offence and involved disputed facts. However, following Rajesh Sharma, the court directed reference for mediation and granted interim relief from coercive action.

What did the court decide?

Mediation referral directed; coercive action stayed until mediation report; bail to be decided as per Rajesh Sharma.

Brijesh Kumar and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 26691 of 2018

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Applicant :- Brijesh Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Som Veer 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, 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 of the Code of Criminal Procedure (in short 'Cr.P.C.') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 14.11.2017 passed by Additional Chief Judicial Magistrate, Anoop Shahar, District - Bulandshahr in Complaint Case No. 986 of 2017 (Lalit v. Brijesh and others) under Sections 323, 324, 504 and 506 of the Indian Penal Code, Police Station - Naraura, District - Bulandshahar.

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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. The present prosecution launched against the applicant is wholly mala fide and as such, the present proceedings are sheer abuse of the process of the court.

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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 for passing the impugned order by the court below.

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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 of Cr.P.C.

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In view of the above, the prayer for quashing the impugned orders in the aforesaid case is refused.

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However, as per direction of Hon'ble Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another reported in 2017 0 AIR (SC) 3869, learned Magistrate is

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directed to refer the case to committee constituted for mediation at District Court, Bulandshahar within 15 days from the date of receipt of certified copy of this order.

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The committee of mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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If bail application is filed by the applicants, the same shall be decided according to direction contained in Rajesh Sharma 's case (supra).

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It is further provided that in case applicants - Brijesh Kumar, Bablu Kumar, Pradeep Kumar and Baldev claim discharge under Section 245(2) Cr.P.C. in person, within 30 days from today, the same shall be considered and decided expeditiously by the trial court.

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Till the submission of report by the committee of mediation centre, no coercive action shall be taken against the applicants.

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With the aforesaid observations/directions, the instant application stands disposed of .

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Order Date :- 10.8.2018 I. Batabyal

Brijesh Kumar and 3 Others v. State of U.P. and Another

Case brief

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Brijesh Kumar and 3 Others v. State of U.P. and Another

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