Disposed

Rohtash Singh and 3 Ors. v. State of U.P. and Another

Allahabad HC10 Oct 2018A482/36292/2018

Case brief

AI extract

What is this about?

Court rejected the petition to quash the charge sheet and cognizance order under Section 482 CrPC as it involved disputed facts. However, it directed bail disposal per Apex Court guidelines, required reasoned orders on discharge applications filed within 30 days, and stayed coercive action against some applicants for 45 days pending discharge decisions.

What did the court decide?

Prayer quashing Charge Sheet and cognizance order refused. Bail to be disposed same day on custody. Discharge applications for applicant no. 2 and 4 to be decided within 30 days with reasoned order. N

Rohtash Singh and 3 Ors. Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 22

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Case :- APPLICATION U/S 482 No. - 36292 of 2018

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Applicant :- Rohtash Singh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ishwar Chandra Tyagi 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 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the Charge Sheet dated 1.8.2017 as well as cognizance order dated 30.10.2017 in Criminal Case No. 907 of 2017 (State Vs. Rohtash Singh and others) arising out of Case Crime No. 73 of 2016, under Sections 498-A, 323, 504 of the Indian Penal Code and Section 3/4 D.P. Act, Police Station - Mahila Thana, District - J.P. Nagar/Amroha.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants.

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Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record was sufficient justifying filing of charge sheet in the aforesaid case.

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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 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 Code.

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In view of the above, the prayer for quashing the charge sheet and the entire proceedings of the aforesaid case is refused.

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However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day, on which

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they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501 .

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It is further directed that in case applicant no. 2 (Smt. Ramwati) and applicant No. 4 (Satendri) file discharge application through their counsel within a period of 30 days from today, the same shall be decided by a reasoned and speaking order. Insofar as applicant nos. 1 and 3 - Rohtash Singh and Satendra are concerned, it is directed that for a period of 45 days from today, no coercive action shall be taken against them.

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Till the disposal of discharge application, no coercive action shall be taken against applicant no. 2 (Smt. Ramwati) and applicant No. 4 (Satendri).

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With the aforesaid directions, this application is disposed of .

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Order Date :- 10.10.2018 Jaswant

Rohtash Singh and 3 Ors. v. State of U.P. and Another

Case brief

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Rohtash Singh and 3 Ors. v. State of U.P. and Another

Case brief

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