Partly allowed

Awadhesh Kumar and 3 Ors. v. State of U.P. and Anr.

Allahabad HC14 Dec 2018A482/45497/2018

Case brief

AI extract

What is this about?

The Single Judge refused the prayer to quash the summoning order and proceedings, noting factual disputes. However, the court directed the applicants to surrender within 45 days to be eligible for bail consideration; otherwise, coercive action will be taken.

What did the court decide?

Prayer to quash proceedings refused. Liberty granted to apply for bail upon surrender within 45 days.

Awadhesh Kumar and 3 Ors. Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 45497 of 2018

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Applicant :- Awadhesh Kumar And 3 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Bal Krishna Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 06.10.2018 as well as the entire proceedings of Complaint Case No. 577 of 2018, under Sections- 323, 452, 342, 504 I.P.C., Police Station- Vindhyachal, District- Mirzapur, pending in the court of Judicial Magistrate, Mirzapur.

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The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.

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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 applicants at this stage. 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.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 .

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the

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applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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With the aforesaid directions, this application is finally disposed of .

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Till than no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appears before the court below within the aforesaid period, coercive action shall be taken against them.

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It is made clear that the applicants will not be granted any further time by this Court for surrendering before the court below as directed above.

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Order Date :- 14.12.2018 Ruchi Agrahari

Awadhesh Kumar and 3 Ors. v. State of U.P. and Anr.

Case brief

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Awadhesh Kumar and 3 Ors. v. State of U.P. and Anr.

Case brief

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