Disposed

Dharmendra Kushwaha v. State of U.P. and Another

Allahabad HC14 Nov 2018A482/37955/2018

Case brief

AI extract

What is this about?

High Court dismissed the application to quash criminal proceedings under sections 379 and 323 IPC. The court found that disputed facts precluded quashing and directed the applicant to surrender within 30 days for bail consideration, prohibiting coercive action during this period.

What did the court decide?

Proceedings not quashed; applicant directed to surrender within 30 days for bail consideration; no coercive action allowed if surrendered.

Dharmendra Kushwaha Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 55

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Case :- APPLICATION U/S 482 No. - 37955 of 2018

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Applicant :- Dharmendra Kushwaha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ran Vijay Singh, learned counsel for the applicant and learned AGA for the State.

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This application has been filed under section 482 Cr.PC with a prayer to quash the entire proceedings as well as impugned summoning order dated 18.3.2016 passed by ACJM, court-5, Varanasi in Complaint Case No. 350 of 2016 (Munna Lal Jaiswal v. Smt. Rekha Jaiswal), under sections 379,323506 IPC, Police Station-Lanka, district- Varanasi.

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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 purpose of harassment. He pointed out certain documents and statements in support of his contention.

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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 submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is directed, that in case applicant appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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 them.

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With the above directions, present application is disposed of.

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Order Date :- 14.11.2018 ssm

Dharmendra Kushwaha v. State of U.P. and Another

Case brief

What is this about?

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Dharmendra Kushwaha v. State of U.P. and Another

Case brief

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