Application to quash criminal proceedings under Section 482 Cr.P.C. refused as allegations are based on disputed facts. Bail subsequent proceedings expedited for 60-day coercive action moratorium.
Quashing refused. Bail applications to be decided same day; no coercive action for 60 days.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 34435 of 2018
Applicant :- Jadawati Devi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Rai 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. 540 of 2015 (Prabhawati vs. Jadawati) under Sections 452, 427, 323, 504, 506, 406 of the Indian Penal Code, Police Station - Chaubeypur, District - Varanasi as well as summoning order dated 09.08.2018 passed by Judicial Magistrate IIIrd, District - Varanasi.
Learned counsel for the applicants 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 60 days from today, no coercive action shall be taken against applicants.
With the aforesaid directions, the instant application stands disposed of .
Order Date :- 28.9.2018 VG..
2 issues framed by the court
Whether criminal proceedings under Sections 452, 427, 323, 504, 506, 406 IPC should be quashed as no offence is disclosed or they are an abuse of process.
Whether disputed questions of fact regarding malafide prosecution can be adjudicated under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Smt. Sakeena and others Vs. StateReferred¶13
Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State)
Jadawati Devi And Another
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
