Dismissed

Natthu and 2 Others v. State of U.P. and Another

Allahabad HC12 Nov 2018A482/40035/2018

Case brief

AI extract

What is this about?

This applicant invoked Section 482 Cr.P.C. to quash criminal proceedings. The Hon'ble Court noted that a writ petition under Article 227 was previously filed and dismissed with directions regarding bail. The Court dismissed the application as there was no reason to interfere when redressal is already sought under Article 227.

What did the court decide?

Application under Section 482 Cr.P.C. to quash proceedings was dismissed.

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

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Court No. - 40

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Case :- APPLICATION U/S 482 No. - 40035 of 2018 Applicant :- Natthu And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Srivastava,Akhilesh Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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This application under section 482 of Code of Criminal Procedure has been filed to quash the entire proceedings of Criminal Case No. 1260 of 2015 (State v. Akhilesh @ Bauwa and others) arising out of Case Crime No. 123 of 2014, under Sections 363 and 342 I.P.C., Police Station- Kamasin, Banda, pending in the court of Additional Chief Judicial Magistrate, Banda.

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It is fact that the applicants have been summoned under Section 319 Cr.P.C. and against the order they filed writ petition which came to be dismissed then they challenged the proceedings pending before the court of Additional Chief Judicial Magistrate, Banda vide petition under Article 227 of the Constitution bearing No. 5774 of 2018. The same came to be dismissed by this Court vide order dated 16th August, 2018 wherein following directions were issued in the operating portion of the order:-

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"However, if the petitioners surrender before the court below and move application for bail, the court below while considering their prayer for bail and shall take into account the aforesaid facts.

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With the aforesaid observations, the application stands disposed of."

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This application under Section 482 Cr.P.C. is being preferred only on behalf of Natthu, Smt. Puspa and Shyam whereas the son of the applicant No.1 is already in jail.

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Looking to the facts that the prayer for quashing the proceedings has already been filed before this Court in a petition under Article 227 of the Constitution and the Court has already passed an order for consideration of bail, I do not find any reason to interfere in this application at the instance of the applicants.

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Without expressing any opinion regarding the conduct of the applicants and the facts that the applicants have already been granted opportunity to surrender before the court below and apply for bail, this application under Section 482 Cr.P.C. is dismissed.

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Order Date :- 12.11.2018 Atmesh

Natthu and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Natthu and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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