Partly allowed

Manish Singh and 3 Otehrs v. State of Up and Another

Allahabad HC21 Mar 2018A482/5892/2018

Case brief

AI extract

What is this about?

The applicant sought to quash special trial proceedings under Sections 482 Cr.P.C. and SC/ST Act due to false allegations. The High Court refused quashing but granted interim bail directions for 30 days and mandated victim hearing for regular bail.

What did the court decide?

Prayer for quashing refused; interim bail directions issued; coercive action stayed for 30 days; regular bail to consider victim hearing.

Manish Singh and 3 Otehrs Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 5892 of 2018

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Applicant :- Manish Singh And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.,Satish Chand,Satish Chand,Satishchand

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Hon'ble Umesh Chandra Tripathi,J.

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Heard Sri Sameer Jain, learned counsel for the applicants, Sri Satish Chand, learned counsel for opposite party no. 2 and learned A. G. A. for the State of U.P. (opposite party no.1).

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This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Special S.T. No. 21 of 2018 (State v. Manish Singh and others) arising out of Case Crime No. 147 of 2016 under Sections 323, 504, 506, 452, 354-B, 147 IPC and Section 3(1)10, 3(1)द, 3(1)घ SC/ST Act pending before Special Judge SC/ST Act, Varanasi, as well as charge sheet dated 27.11.2017.

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Learned counsel for the applicants contended that during investigation, the first I.O. submitted final report under Section 173 (2) Cr.P.C. After that, by order of court, further investigation was conducted by the I.O. and then he filed charge sheet against the applicants. False allegation has been levelled against the applicant due to enmity. Cognizance cannot be taken by ignoring or wiping out report of the first investigation.

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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 applicant or that the allegation has been made against him due to enmity.

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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.

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In view of the above, the prayer for quashing the entire proceeding as well as charge sheet in the aforesaid case is refused.

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However, none of the aforesaid offences against applicants are

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punishable with imprisonment for more than seven years. Police has submitted charge sheet. 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 applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15 A (5) S.C./S.T. Act.

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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, the instant is finally disposed of .

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Order Date :- 21.3.2018 I. Batabyal

Manish Singh and 3 Otehrs v. State of Up and Another

Case brief

What is this about?

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Manish Singh and 3 Otehrs v. State of Up and Another

Case brief

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What did the court decide?

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