Disposed

Rakesh Kumar Bind and 3 Ors. v. State of U.P. and Anr.

Allahabad HC27 Feb 2018A482/4210/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashment of proceedings based on a prior quashing order passed by a Division Bench, the Single Judge deferred a decision on merits, rem requesting the court below to reconsider in line with the Division Bench order, and restrained coercive action for 30 days.

What did the court decide?

Perpetual stay of coercive proceedings for 30 days; application disposed without decision on merits.

Rakesh Kumar Bind and 3 Ors. Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4210 of 2018

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Applicant :- Rakesh Kumar Bind And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Samya Lal Pandey,Vidya Kant Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard Sri V.K. Tripathi, learned counsel for the applicants, learned AGA for the State of U.P. and perused the material brought on record.

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By way of the instant application, the applicants have sought for quashment of the charge sheet no.232/17 dated 17.10.2017, cognizance order dated 04.11.2017, non-bailable warrant order dated 03.01.2018 passed by the Additional Chief Judicial Magistrate, Bhadohi, Gyanpur, and the entire proceeding in Criminal Case No.4503 of 2017 State Vs. Rakesh Kumar Bind and others, arising out of Case Crime No.216 of 2017, under Sections 147, 323, 504, 506, 363, 366 IPC, Police Station Aurai, District Sant Ravidas Nagar, Bhadohi.

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At the very outset, learned counsel for the applicants has persuaded the Court, producing the order dated 13.02.2018 passed by the division Bench of this Court in Criminal Misc. Writ Petition No.21363 of 2017 preferred by petitioners Chanchal, Nageshwar, Santosh Kumar and Dwarika Prasad whereby the first information report registered at Case Crime No.216 of 2017, under Sections 147, 323, 504, 506, 363, 364, 366, 376 and 511 IPC, Police Station Aurai, District Bhadohi has been quashed qau petitioner nos.2 to 4 namely Nageshwar, Santosh Kumar and Dwarika Prasad. Therefore, the entire proceedings which is in sheer misuse of the process of the Court may be quashed by this Court in exercise of the inherent power under Section 482 Cr.P.C.

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Learned AGA has opposed the prayer for quashment of the impugned orders.

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Considered the above submissions and perused the impugned orders as well as the aforesaid order of the division Bench of this Court.

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Under facts and circumstances of the case, for the time being, no order need be passed touching on the merit of the case, however, the same need be looked into and considered afresh by the court below ensuring the proceeding in line with the aforesaid order of the division Bench of this Court, in case applicants move an appropriate application before the court below within two weeks from today.

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For a period of thirty day or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicants.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 27.2.2018 rkg

Rakesh Kumar Bind and 3 Ors. v. State of U.P. and Anr.

Case brief

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Rakesh Kumar Bind and 3 Ors. v. State of U.P. and Anr.

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