Dismissed

Ram Naresh and 4 Ors. v. State of U.P. and Another

Allahabad HC13 Nov 2018A482/40228/2018

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings initiated under various IPC sections. While noting a prima facie case exists against the applicants, the Court directed that if the applicants appear and surrender to the trial court within 30 days to seek bail, no coercive action will be taken against them during this period.

What did the court decide?

No coercive action against applicants if they appear and surrender within 30 days to seek bail.

Ram Naresh and 4 Ors. Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 55

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Case :- APPLICATION U/S 482 No. - 40228 of 2018

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Applicant :- Ram Naresh And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Vipin Chandra Pandey, learned counsel for the applicants 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 proceedings as well as summoning order dated 13.10.2015 passed by ACJM,court no. 7, Agra in Complaint Case No. 3319 of 2014(Mahendra Singh v. Ramesh and others), under section 147,323,504,506,452,406 IPC, Police Station- Barhan, district- Agra.

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The contention of learned counsel for the applicants is that no offence against the applicants are 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 applicants 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 applicants 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 applicants. However, in case, the applicants do 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 :- 13.11.2018 ssm

Ram Naresh and 4 Ors. v. State of U.P. and Another

Case brief

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Ram Naresh and 4 Ors. v. State of U.P. and Another

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