Dismissed

Parvez Zahid and 3 Others v. State of U.P. and Another

Allahabad HC26 Nov 2018A482/38106/2016

Case brief

AI extract

What is this about?

This list application challenging the summoning order and criminal proceedings under Section 482 CPC was refused as factual disputes are not triable. The court directed bail consideration within 24 hours of custody and prohibited coercive action for 60 days.

What did the court decide?

Prayer to quash proceedings refused. Bail to be disposed of same day as custody; no coercive action for 60 days.

Parvez Zahid and 3 Others Vs State of U.P. and Another — Allahabad HC (2018) — LawSathi Research

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 38106 of 2016 Applicant :- Parvez Zahid And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shabana Nizam Counsel for Opposite Party :- G.A.,Rajesh Kumar Shukla

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Hon'ble Umesh Chandra Tripathi,J.

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List has been revised. None is present on behalf of the applicants to argue the case.

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Heard Sri Rajesh Kumar Shukla, learned counsel for opposite party no. 2 and learned A.G.A. for the State of U.P.

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This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') has been filed on behalf of the applicants to quash the summoning order dated 03.05.2016 passed by Additional Civil Judge (S.D.)-II/ Additional Chief Judicial Magistrate, Jaunpur in Complaint Case No. 1674 of 2016 (Asif v. Parvez and others) under Sections 452, 323, 504 IPC, Police Station Kotwali, District Jaunpur as well as the entire proceedings of the case.

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From the perusal of material brought on record, 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 the Code.

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In view of above, the prayer for quashing the impugned summoning order as well as the entire proceedings in 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 they are taken into custody, as per the guidelines prescribed by Hon'ble Apex Court in Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501 .

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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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With the aforesaid observations/directions, the instant application stands disposed of .

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Order Date :- 26.11.2018 I. Batabyal

Parvez Zahid and 3 Others v. State of U.P. and Another

Case brief

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Parvez Zahid and 3 Others v. State of U.P. and Another

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