Dismissed

Siraj Ahmad Husband and 4 Others v. State of U.P. and Another

Allahabad HC26 Nov 2018A482/33251/2016

Case brief

AI extract

What is this about?

This Court refused the prayer to quash the summoning order and entire proceedings under Section 482 CrPC, holding that materials disclose an offence and submissions are disputed facts. However, it directed bail disposal on the day of custody and stayed coercive action for 60 days.

What did the court decide?

Prayer to quash refused. Bail to be disposed on the day of custody. No coercive action for 60 days.

Siraj Ahmad Husband and 4 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2018)

¶1

Court No. - 15

¶2

Case :- APPLICATION U/S 482 No. - 33251 of 2016

¶3

Applicant :- Siraj Ahmad (Husband) And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suman Tripathi,Udai Shanker Mishra Counsel for Opposite Party :- G.A.,Akhilesh Kumar Mishra

¶4

Hon'ble Umesh Chandra Tripathi,J.

¶5

List has been revised.

¶6

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

¶7

This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 07.09.2016 as well as entire proceedings passed by Chief Judicial Magistrate, Maharajganj in Complaint Case No. 3785 of 2015 (Rashida v. Siraj Ahmad), under Section 506, 498-A I.P.C., Police Station Kotwali, District Maharajganj.

¶8

Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution is launched against the applicants with mala fide intention for the purpose of harassment and as such, the present proceedings are sheer abuse of the process of the court. This application has been filed on the ground taken by the applicants that complaint has been filed maliciously with false allegation.

¶9

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 filing of charge sheet and passing of the impugned summoning order in the aforesaid case.

¶10

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.

¶11

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 Code.

¶12

In view of the above, the prayer for quashing the summoning

¶13

order as well as the entire proceedings in the aforesaid case is refused.

¶14

However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day on which they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501.

¶15

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.

¶16

With the aforesaid directions, the application stands finally disposed of.

¶17

Order Date :- 26.11.2018 VG..

Siraj Ahmad Husband and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Siraj Ahmad Husband and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj and Another Vs State of U.P. and Another

Dr. Karan Rajpoot Vs State of U.P. and Another

Smt. Surabhi Maheswari Vs State of U.P. and Another

Smt. Alkesh @ Akhileshi and Another Vs State of U.P. and Another

Smt.Shilpi Bhati Vs State of U.P.and Another

Parvez Zahid and 3 Others Vs State of U.P. and Another