Disposed

Hausala Kewat v. State of Up and Another

Allahabad HC9 Mar 2018A482/5767/2018

Case brief

AI extract

What is this about?

The Single Judge dismissed the application under Section 482 Cr.P.C. seeking quashing of a charge-sheet in an excise case. While refusing the quash prayer, the court granted a 30-day suspension on coercive proceedings provided the applicant surrenders and applies for bail.

What did the court decide?

Prayer for quashing refused. Coercive action stayed for 30 days if applicant surrenders and applies for bail.

Hausala Kewat Vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 5767 of 2018

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Applicant :- Hausala Kewat Opposite Party :- State Of Up And Another Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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This Application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 24.01.2015 of Case No. 2576 of 2017 (State Vs. Hausala Kewat), arising out of Case Crime No. 06 of 2015 under Section 60(2) Excise Act, Police Station Bara, District Allahabad, pending before Judicial Magistrate, IIIrd , District Allahabad.

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The contention of learned counsel for the applicant is that the accused applicant has been falsely implicated in this case by O.P. No.2 due to non-fulfilment of illegal demand of gratification by police personnel; statement of no public witness has been recorded; he has been implicated due to village partybandi; he has no criminal history; the police has submitted charge-sheet in a routine manner; if this proceedings is allowed to continue, it would amount to abuse of process of court.

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Perusal of the F.I.R. indicates that the accused was found indulging in manufacturing illegal liquor; the instruments for such manufacturing and five litres of raw liquor are alleged to have been recovered from him; pursuant to the F.I.R., chargesheet has been submitted by police after gathering sufficient evidence on record under Section 161 Cr.P.C. The statements so recorded could not be discarded at this stage without trial. There is no case made out for quashing the charge-sheet.

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The prayer for quashing the proceedings is refused.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may 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. 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive

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action shall be taken against him.

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

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Order Date :- 9.3.2018 A. Mandhani

Hausala Kewat v. State of Up and Another

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Hausala Kewat v. State of Up and Another

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