Partly allowed

Vikash and 3 Ors. v. State of U.P. and Anr.

Allahabad HC5 Mar 2018A482/6466/2018

Case brief

AI extract

What is this about?

In this quashing application under Section 482 Cr.P.C., the Court held that disputes of facts regarding the malafide nature of the prosecution cannot be adjudicated at this stage. The prayer for quashing was refused, but relief was granted in the form of an interim stay against coercive action for 30 days or till bail disposal, contingent upon the applicants' appearance.

What did the court decide?

No coercive action to be taken for 30 days or till bail disposal, provided applicants appear and surrender.

Vikash and 3 Ors. Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52 Case :- APPLICATION U/S 482 No. - 6466 of 2018 Applicant :- Vikash And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Atul Kumar Singh, learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing entire criminal Case No.NIL of 2017 (State Versus Vikash and others) arising out of charge sheet no.410 of 2017 dated 20.10.2017 in Case Crime No.0635 of 2017 under Sections 452, 354, 354-B, 323, 504 and 506 I.P.C., P.S. Atrauli, District Aligarh, pending in the court of Additional Chief Judicial Magistrate-03, Aligarh.

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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 purposes of harassment. He pointed out certain documents and statements in support of his contention.

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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. All the submission made at the bar relates to the disputed question 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 . The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the proceedings as well as order impugned is refused.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail,their prayer for bail may be considered and decided on same day 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 applicants. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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

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Order Date :- 5.3.2018

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MN/-

Vikash and 3 Ors. v. State of U.P. and Anr.

Case brief

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Vikash and 3 Ors. v. State of U.P. and Anr.

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