Disposed

Smt Neelam and 4 Others v. State of Up and Another

Allahabad HC4 Oct 2018A482/33643/2018

Case brief

AI extract

What is this about?

The application to quash the charge sheet and criminal proceedings was disposed of. The Court refused to quash the proceedings as submissions related to disputed facts. However, coercive action is stayed for 30 days, and applications for discharge and bail are noted for expedited consideration.

What did the court decide?

The application for quashing charge sheet is refused. No coercive action against applicants for thirty days. Note on discharge and bail applications.

Smt Neelam and 4 Others Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 22

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Case :- APPLICATION U/S 482 No. - 33643 of 2018

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Applicant :- Smt Neelam And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Tripurari Pal 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 and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed to quash Charge Sheet dated 17.02.2018 as well as entire criminal proceeding of Criminal Case No. 2031 of 2018 (State vs. Neelam and others), Case Crime No. 421 of 2017, under Sections 147, 504, 506 IPC, Police Station - Sasani Gate, District - Aligarh.

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Learned counsel for the applicants contended that from perusal of FIR, no offence is made out against the applicants. The First Information Report has been lodged due to civil dispute. He further contended that no specific role has been assigned to the applicants.

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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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Accordingly, the prayer for quashing the charge sheet as well as entire proceedings of the aforesaid case is refused.

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However, if the applicant no. 1 - Smt. Neelam, applicant no. 2 - Smt. Rajni and applicant no. 3 - Smt. Raj Kumari submit discharge application under Section 239 Cr.P.C. through counsel, the same shall be decided within thirty days from the date of presentation of application by speaking order.

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Till disposal of discharge application, no coercive action shall be taken against applicant no. 1 - Smt. Neelam, applicant no. 2 - Smt. Rajni and applicant no. 3 - Smt. Raj Kumari.

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If applicant no. 4 Aditya and applicant no. 5 Durgesh applies for bail, then same shall be decided expeditiously.

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For a period of thirty days from today, no coercive action shall be taken against applicant no. 4 Aditya and applicant no. 5 Durgesh.

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With the aforesaid observation, the application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 4.10.2018 VG..

Smt Neelam and 4 Others v. State of Up and Another

Case brief

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Smt Neelam and 4 Others v. State of Up and Another

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