Disposed

Vitash Kumar and 2 Others v. State of U.P. and Another

Allahabad HC1 Nov 2018A482/37657/2018

Case brief

AI extract

What is this about?

The High Court declined to quash the impugned summoning order and prosecution proceedings under Section 482 Cr.P.C., finding that an offence was made out. It directed the Trial Court to decide all bail applications on the same day of filing and granted a 45-day stay on coercive action against the applicants.

What did the court decide?

Prayer for quashing refused. Stay on coercive action for 45 days granted. Direction to trial court to dispose bail applications on same day of filing.

Vitash Kumar and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 22

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Case :- APPLICATION U/S 482 No. - 37657 of 2018

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Applicant :- Vitash Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Srivastava 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 and learned A. G. A. for the State.

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This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 28.7.2018 as well as entire proceeding of Complaint Case No. 725 of 2018 (Naveen Kumar Vs. Vitesh Kumar and others) under Sections 420, 406, 120-B, 323, 452, 504, 506 IPC, Police Station Sarsawa, District Saharanpur.

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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. 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.

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

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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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In view of the above, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.

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However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.

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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, prayer for their 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.

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For a period of 45 days from today, no coercive action shall be taken against applicants.

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With the above directions, this application u/s 482 Cr.P.C., is disposed of.

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Order Date :- 1.11.2018 Jaswant

Vitash Kumar and 2 Others v. State of U.P. and Another

Case brief

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Vitash Kumar and 2 Others v. State of U.P. and Another

Case brief

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