Dismissed

Amit Sisaudiya v. State of U.P. and Another

Allahabad HC16 Feb 2018A482/4239/2018

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the applicant sought quashment of the charge sheet and proceedings alleging abuse of process. The court refused the prayer but directed bail consideration within 30 days and stayed coercive action for the same period.

What did the court decide?

Refusal of quashment; direction for bail application within 30 days; stay on coercive action for 30 days.

Amit Sisaudiya Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4239 of 2018

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Applicant :- Amit Sisaudiya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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By way of the instant application, the applicant has sought for quashment of the charge sheet no.331 of 2017 dated 26.05.2017 and the entire proceeding in Criminal Case No.4865 of 2017 State Vs. Amit Rana, under Sections 353, 332 IPC, Police Station Pilkhuwa, District Hapur, pending in the court of the Chief Judicial Magistrate, Hapur.

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Contention has been raised on behalf of the applicant to the extent that in this case, the entire proceeding is in sheer abuse of process of the Court and there is no material on record justifying the filing of charge sheet against the applicant. The court below applied its mind mechanically and took cognizance of the charge sheet which too is sheer abuse of process of the court itself and, therefore, entire proceeding stands vitiated and need be quashed by this Court.

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Learned AGA has opposed the prayer for quashment of the charge sheet and submitted that the material on record is sufficient justifying the filing of charge sheet and so taking of the cognizance in the aforesaid offence by the court below.

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Considered the above submissions and the contents disclosed in the first information report and charge sheet. No good ground is made out for quashment of the impugned charge sheet and the proceedings. Accordingly, the prayer for quashment of the impugned charge sheet and the proceedings is refused.

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However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 30 days from today and moves application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.

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For a period of thirty days from today, no coercive action shall be taken against the applicant.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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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 :- 16.2.2018 rkg

Amit Sisaudiya v. State of U.P. and Another

Case brief

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Amit Sisaudiya v. State of U.P. and Another

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