Court refused quashing application under Section 482 Cr.P.C. as offences are made out and issues are factual. Directed bail consideration within same day if file; no coercive action for 45 days.
Prayer for quashing refused. Bail to be considered on same day if filed. No coercive action for 45 days.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 34225 of 2018
Applicant :- Lalji And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sunil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure has been filed by the applicants with the prayer to quash the entire criminal proceedings of Complaint Case No. 642/2016 (Chhabi Nath vs. Lalji and others) as well as summoning order dated 16.07.2018 passed by A.C.J.M. Bhadohi Gyanpur in Complaint Case No. 642 of 2016 (Chhabi Nath vs. Lalji and others) under Sections 147, 149, 323, 504, 506, 452, 427, 379 IPC and applicant no. 3 under Section 354 IPC Police Station - Bhadohi, District - Sant Ravidas Nagar Bhadohi, pending in the court of A.C.J.M., Bhadohi Gyanpur.
Learned counsel for the applicants contended that this complaint has been filed in counter blast of the N.C.R. lodged by opposite party no. 2 - Chhabi Nath against applicant and his family members with false allegations. He further contended 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 an abuse of the process of the court.
Per contra, learned counsel in opposition contended that the material on record is sufficient justifying initiation of criminal proceedings against the applicants.
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.
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.
In view of the above, the prayer for quashing the entire proceedings in the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years.
In view of order passed by this Court on 23.01.2018 in Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State), it is directed that in case the applicants file their bail application, their prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
For a period of 45 days from today, no coercive action shall be taken against applicants.
With the aforesaid directions, the instant application stands disposed of .
Order Date :- 27.9.2018 VG..
3 issues framed by the court
Whether entire criminal proceedings should be quashed under Section 482 Cr.P.C.
Whether disputed questions of fact can be adjudicated at this stage.
Whether bail prayers should be considered on the same day if filed by applicants.
Colour shows how this judgement treated each authority
Smt. Sakeena and others Vs. StateApplied¶13
Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State)
1 provisions across 1 enactments
Lalji and 6 Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
