Disposed

Ashalam and Another v. State of U.P. and Another

Allahabad HC11 Oct 2018A482/33769/2018

Case brief

AI extract

What is this about?

The court refused the application to quash criminal proceedings under Section 482 Cr.P.C. as offences were made out. Directions were issued for expeditious bail decision under a specific order, and no coercive action was to be taken for 45 days.

What did the court decide?

Directs interim bail to be decided on the same day as application; regular bail after hearing victim; no coercive action for 45 days.

Ashalam and Another Vs State of U.P. 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. - 33769 of 2018

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Applicant :- Ashalam And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Srivastava,Arvind Kumar Srivastava 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, learned A.G.A. for the State of U.P. in opposition and perused the record.

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This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceedings of Special Trial No. 598 of 2017, in charge sheet dated 11.11.2017, arising out of Case Crime No. 927 of 2017 (State v. Ashalam and others), under Sections 323, 504 and 506 of IPC and Section 3(1)(D) of the SC/ST Act, Police Station - Kotwali, District - Maharajganj, pending in the court of Additional Sessions Judge-II, Maharajganj.

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It is contended by learned counsel for the applicants that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.

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From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage 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 the Code.

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Accordingly, the prayer for quashing the entire proceedings of the aforesaid case is refused.

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However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years. Police has submitted charge sheet. All the materials relevant for disposal of bail application is

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available on record before trial court/court concerned. In view of order passed by this Court on 23.01.2018 in Application under Section 482 Cr.P.C. No. 43217 of 2017 (Smt. Sakeena and others Vs. State) , it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A(5) of the SC/ST Act.

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For a period of 45 days from today, no coercive action shall be taken against the applicants.

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

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Order Date :- 11.10.2018 I. Batabyal

Ashalam and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashalam and Another v. State of U.P. and Another

Case brief

What is this about?

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