Disposed

Vipin Singh and 3OTHERS v. State of Up and Another

Allahabad HC19 Mar 2018A482/5567/2018

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings under Sections 323, 325, 504, and 308 IPC but stayed coercive action for 30 days. It directed Magistrate and Sessions courts to decide bail applications on the day of filing.

What did the court decide?

Prayer to quash criminal proceedings refused. Stay of coercive action for 30 days. Direction to dispose bail applications within one day.

Vipin Singh and 3OTHERS Vs State of Up and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 14 Case :- APPLICATION U/S 482 No. - 5567 of 2018 Applicant :- Vipin Singh And 3 others Opposite Party :- State Of Up And Another Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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

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This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to set aside the entire proceeding of case No. 130/18 (State Vs. Vipin Singh and others) which arises from the cognizance order dated 10.1.2018 passed by the learned Judicial Magistrate, Bhadohi in charge sheet No. 150/17 dated 9.11.2017 in case crime no. 0288 of 2017 under Sections 323, 325, 504, 308 IPC, P.S. Suriyawan, District Bhadohi.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court and further contended that during investigation applicants were not arrested by police as their arrest was stayed by this Hon'ble Court.

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Learned A.G.A., contended that there is no illegality in passing impugned order by the trial court.

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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.

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In view of the above, the prayer for quashing the entire criminal proceeding in the aforesaid case is refused.

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However, none of the aforesaid offences against applicants are punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.

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In view of order passed by this Court on 23.01.2018 in Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State) , it is directed that in case the applicants file their bail application, prayer for their bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.

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The aforesaid direction shall be applicable to the Magistrate court as well as to the Sessions Court.

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For a period of 30 days from today, no coercive action shall be taken against applicants.

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With the above directions, this application u/s 482 Cr.P.C., is disposed of .

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Order Date : - 19.3.2018 Jaswant

Vipin Singh and 3OTHERS v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Vipin Singh and 3OTHERS v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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