Disposed

Upendra Kumar Singh and 6 Others v. State of U.P. and Another

Allahabad HC27 Mar 2018A482/9552/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing proceedings refused as disputed questions of fact. Court directed applicants to surrender and apply for bail within 30 days; coercive action stayed if they comply, otherwise to be taken. Separate direction on interim bail for female applicant.

What did the court decide?

Prayer for quashing refused. Bail considered if applicants surrender and apply within 30 days. No coercive action during this period conditional on appearance.

Upendra Kumar Singh and 6 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 9552 of 2018

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Applicant :- Upendra Kumar Singh And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratnesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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

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The instant application under Section 482, Cr.P.C. has been filed by the applicants for quashing the proceedings of charge sheet no.A-83 of 2017 in Case Crime No.27 of 2017 under Sections 147, 148, 323, 325, 504, 506 IPC P.S. Kasaya District Kushi Nagar, pending in the Court of A.C.J.M., Kushi Nagar.

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The contention of the 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 in exercise of power conferred 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. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

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The prayer for quashing the proceedings of charge sheet 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, then the bail application of the applicants 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 judgment 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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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 applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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The applicant no.7 is the lady and she applies for bail keeping in view the provisions of Section 437(1) Proviso and if the case is adjourned by the Court below in any manner, she will be enlarged on an interim bail till disposal of the bail application.

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

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Order Date :- 27.3.2018 Hasnain

Upendra Kumar Singh and 6 Others v. State of U.P. and Another

Case brief

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Upendra Kumar Singh and 6 Others v. State of U.P. and Another

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