Disposed

Suraj and 2 Others v. State of Up and Another

Allahabad HC28 Mar 2018A482/9877/2018

Case brief

AI extract

What is this about?

Court refused quashing of criminal proceedings under Section 482 CrPC. Directed surrender within 30 days for bail consideration. Directed release on interim bail for two female applicants if bail adjourned.

What did the court decide?

Application for quash allowed conditionally; 30 days given for surrender and bail application; interim bail directed for female applicants if main bail adjourned.

Suraj and 2 Others Vs State of Up and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 9877 of 2018

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Applicant :- Suraj And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Manvendra 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.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 3903 of 2016 (State vs. Suraj and others) arising out of case crime no. 117 of 2014, u/s 324, 323, 504, 506 IPC, P.S. Jafarganj, District Fatehpur.

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The contention of the counsel for the applicants is that no offence against the applicants are 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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Per contra learned A.G.A. Submitted that 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. The submissions made by learned counsel for the applicants relate to disputed question of facts, 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 submissions made by learned A.G.A. have force.

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The prayer for quashing the proceedings of the aforementioned case and the chargesheet is refused.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall 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.

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For a period of 30 days from today or till the applicants surrender and apply for 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. However, considering the fact that the applicant no. 2 is unmarried girl and applicant no. 3 is aged lady and so far as the applicant no. 2 is concerned, no role whatsoever has been attributed in the

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statement of the witnesses.

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Be that as it may, since both are ladies, the trial court, while considering the bail, shall take into account the proviso of section 437(1) Cr.P.C. and in case, for any reason bail is adjourned the applicant no. 2 and 3 shall be released on interim bail.

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

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Order Date :- 28.3.2018 Dhirendra/

Suraj and 2 Others v. State of Up and Another

Case brief

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Suraj and 2 Others v. State of Up and Another

Case brief

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