Disposed

Mata Prasad and Another v. State of U.P. and Another

Allahabad HC15 Nov 2018A482/37586/2018

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings initiated against the applicants but granted a conditional stay. Directors were directed to surrender within 60 days to avail same-day bail application, during which no coercive action would be taken. The court also noted that if the complainant fails to appear before the charge is framed, the Magistrate must act under Section 249 Cr.P.C.

What did the court decide?

Application for quashment refused; coercive action stayed for 60 days or until surrender/bail application; conditional bail direction to trial court issued.

Mata Prasad and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 22 Case :- APPLICATION U/S 482 No. - 37586 of 2018 Applicant :- Mata Prasad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Tiwari 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 and perused the record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of the Complaint No. 229/2003 (Awadh Bihari Vs. Mata Prasad ) under Sections 352, 504, 506 I.P.C., Police Station- Jalaun, District Jalaun.

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It is submitted by learned counsel for the applicants that the present prosecution has been made with false and malacious allegations to harass the applicants. Complainant was not present before court, even so non-bailable warrant have been issued against applicants. However, in absence of complaint, proceeding should be dropped.

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Learned A.G.A. contended that there is no illegality in the impugned order passed by the trial court.

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Summoning/cognizance order has been passed on 30.05.2003. At a very belated stage, this application has been filed to quash the entire proceeding on the ground that complaint has been filed with false allegation.

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From the perusal of record, it cannot be said that the no offence is made out against applicants.

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In view of the above, the prayer for quashing the entire proceeding in the aforesaid case is refused.

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However, considering the nature of the case, it is directed that if applicants surrender and apply for bail within 60 days from today, then their prayer for bail application shall be decided on the same day by the trial court.

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For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.

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From the perusal of record, it appears that charge has not been framed in this case till now. As such if complainant does not appear on the date fixed for hearing of the case, then the Magistrate shall pass appropriate order as per provision of Section 249 Cr.P.C.

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With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.

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Order Date :- 15.11.2018 Sharad/-

Mata Prasad and Another v. State of U.P. and Another

Case brief

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Mata Prasad and Another v. State of U.P. and Another

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