Application for quashing criminal proceedings under Section 482 Cr.P.C. was dismissed as offences were disclosed. Court directed expeditious bail consideration upon surrender.
Prayer for quashing refused; condition that bail be decided expeditiously on surrender.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 2930 of 2018
Applicant :- Ram Briksh Giri Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sikandar Azam Lari Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Sikandar Azam Lari, learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of case no. 1544 of 2017 (State Vs. Ram Briksha Giri) under Sections 323, 406, 504, 506 IPC, Police Station Patherwa, District Kushi Nagar in case crime no. 4 of 2016 pending before court of Judicial Magistrate, Kasya Kushi Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
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 applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
The prayer for quashing the proceedings in the aforesaid case is refused.
However, it is directed that in case the applicant appears and surrenders before the court below and apply for bail, his prayer for bail shall be considered and decided expeditiously, preferably, on the same day, in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is disposed of.
Order Date :- 5.2.2018 Jaswant
2 issues framed by the court
Whether the quashing of criminal proceedings under Section 482 Cr.P.C. is maintainable when the facts disclose the making of an offence.
Whether bail should be considered expeditiously upon the applicant's surrender and application.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶10
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Ram Briksh Giri
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
