In an application under Section 482 Cr.P.C. to quash a cognizance order, the High Court refused the prayer because material on record showed a cognizable offence was made out. The court allowed the applicant thirty days of no coercive action.
No coercive action against the applicant for thirty days
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Court No. - 22
Case :- APPLICATION U/S 482 No. - 33653 of 2018
Applicant :- Mohar Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Virendra Singh Patel Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash cognizance order dated 26.06.2018 passed by Additional Chief Judicial Magistrate, Jhansi in Case Crime No. 0291 of 2017 under Section 3/7 of Essential Commodities Act, Police Station - Erich, District - Jhansi.
Learned counsel for the applicant contended that from perusal of the material on record 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 in exercise of its extraordinary jurisdiction under Section 482 of Cr.P.C.
In Criminal Misc. Writ Petition No. 26732 of 2017 (Mohar Singh vs. State of U.P.) in which Division Bench of this Court observed that cognizable offence is made out against the applicant.
In view of above, the prayer for quashing the cognizance order in the aforesaid case is refused.
However, if applicant appears and applies for bail, then the same shall be decided by court below expeditiously.
For a period of thirty days from today, no coercive action shall be taken against the applicant - Mohar Singh.
With the aforesaid observation, the application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 5.10.2018
VG..
2 issues framed by the court
Whether the prayer for quashing the cognizance order under Section 482 Cr.P.C. should be granted given the Division Bench's observation that a cognizable offence is made out.
Whether coercive action can be initiated against the applicant for thirty days despite the refusal to quash the cognizance order.
Colour shows how this judgement treated each authority
Mohar Singh vs. State of U.P.Followed¶9
Criminal Misc. Writ Petition No. 26732 of 2017 (Mohar Singh vs. State of U.P.)
2 provisions across 2 enactments
Mohar Singh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
