Held allegations do not disclose no-offence yet application for quashing charge-sheet and cognizance refused. Court directed bail application to be decided within same day and ordered no coercive action for 45 days.
Prayer for quashing refused; directions issued for speedy bail consideration; no coercive action for 45 days.
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Court No. - 47 Case :- APPLICATION U/S 482 No. - 36364 of 2018 Applicant :- Hallan Alias Man Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned charge sheet dated 13.10.2017 as well as cognizance dated 27.03.2018 in SST No. 134 of 2018 (State Vs. Hallan) in Case Crime No. 355 of 2017, under Sections 323, 504, 506 I.P.C. and 3(1) (Da) (Dha) of SC/ST Act, Police Station- Pali, District- Lalitpur.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are an abuse of the process of the court. He further cotended that applicant was not arrested during investigation.
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.
In view of the above, the prayer for quashing the charge-sheet as well as cognizance in the aforesaid case is refused.
However, none of the aforesaid offences against applicant is punishable with imprisonment for more than seven years.
Accordingly, 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 applicant files his bail application and also prays for interim bail, his 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) S.C./S.T. Act.
For a period of 45 days from today, no coercive action shall be taken against applicant.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.10.2018/Sharad/-
2 issues framed by the court
Whether the prayer for quashing the charge sheet and cognizance in the criminal proceedings is maintainable.
Whether the directions regarding speedy bail under the SC/ST Act are appropriate in the present case.
Colour shows how this judgement treated each authority
Smt. Sakeena and others Vs. StateApplied¶9
Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State)
4 provisions across 4 enactments
Hallan Alias Man Singh
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
