Disposed

Aazad and 2 Others v. State of U.P.and Another

Allahabad HC9 Oct 2018A482/34833/2018

Case brief

AI extract

What is this about?

The High Court declined to quash criminal proceedings or a bailable warrant. While noting insufficient grounds for quashing, the Court allowed 30 days for surrender and bail under settled law, suspending coercive action during this period.

What did the court decide?

Application disposed; no coercive action for 30 days if applicant appears and applies for bail; quashing denied.

Aazad and 2 Others Vs State of U.P.and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 44

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Case :- APPLICATION U/S 482 No. - 34833 of 2018

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Applicant :- Aazad And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Annapurna Devi Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings as well as bailable warrant dated 24.04.2018 passed in Complaint Case No. 6583 of 2017 (Kayyum Vs. Aazad and others) under sections 323, 452, 504, 506 IPC, P.S. Mansoori, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. At last he submitted that the applicant is ready to appear before the court and to face the trial. He sought some time to surrender before the court below.

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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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C.

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Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceedings of the complaint case as well as the bailable warrant dated 24.04.2018 passed in the aforementioned complaint case.

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At last the learned counsel appearing on behalf of the applicants submitted that the applicants undertake to appear before the court below.

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However, in the interest of justice, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC)

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Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 9.10.2018 Prajapati

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[Chandra Dhari Singh, J]

Aazad and 2 Others v. State of U.P.and Another

Case brief

What is this about?

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Aazad and 2 Others v. State of U.P.and Another

Case brief

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