Partly allowed

Shivram Tiwari @ Vinni and 2 Others v. State of U.P. and Another

Allahabad HC6 Feb 2018A482/2694/2018

Case brief

AI extract

What is this about?

An application to quash proceedings under IPC and SC/ST Act for abuse of process was considered. The High Court refused the prayer for quashment due to lack of good ground but ordered a 30-day stay on coercive actions pending a bail application.

What did the court decide?

Refused quashment; ordered 30-day stay on coercive action; directed bail consideration within 30 days.

Shivram Tiwari @ Vinni and 2 Others Vs State of U.P. and… — Caste Atrocities | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 2694 of 2018

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Applicant :- Shivram Tiwari @ Vinni And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Learned counsel for the applicants is permitted to make necessary correction in the prayer clause as well as memo of the application.

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

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By way of the instant application, the applicants have sought for quashment of the entire proceeding in S.T. No.97 of 2016 and charge sheet dated 09.11.2016 in Case Crime No.0425 of 2016 under Sections 323, 504, 354B IPC and 3 Da, Dha and 3(2) 5 SC/ST Act, Police Station Haliya, District Mirzapur, pending before Special Judge, SC/ST Act, Mirzapur.

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Contention has been raised on behalf of the applicants to the extent that in this case, the entire proceeding is in sheer abuse of process of the Court and there is no material on record justifying the filing of charge sheet against the applicants. There is no apparent error exist against the applicants. The court below applied its mind mechanically and took cognizance of the charge sheet which too is sheer abuse of process of the court itself and, therefore, entire proceeding stands vitiated and need be quashed by this Court.

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Learned AGA has opposed the prayer for quashment of the charge sheet and submitted that the material on record is sufficient justifying the filing of charge sheet and so taking of the cognizance in the aforesaid offence by the court below.

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Considered the above submissions and the contents disclosed in the first information report

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and charge sheet. No good ground is made out for quashment of the impugned charge sheet. Accordingly, the prayer for quashment of the entire proceeding and the impugned charge sheet is refused.

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However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.

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For a period of thirty days from today, no coercive action shall be taken against the applicants.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 6.2.2018 rkg

Shivram Tiwari @ Vinni and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivram Tiwari @ Vinni and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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