Disposed

Jawahar Singh and 8 Others v. State of U.P. and Another

Allahabad HC17 Sept 2019A227/6705/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 227 seeking to set aside orders in a criminal revision and complaint case involving IPC offenses, the Court found no infirmity or illegality in the lower orders as prima facie cases were made out. A direction was issued for expedited disposal of bail if petitioners surrender within three months.

What did the court decide?

Direction for expedited disposal of bail application if petitioners surrender within three months from the date of the order, with notice of automatic vacation thereafter.

Jawahar Singh and 8 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 51

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Case :- MATTERS UNDER ARTICLE 227 No. - 6705 of 2019 Petitioner :- Jawahar Singh And 8 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard Sri Ashish Goyal, learned counsel for the petitioners and Sri Yogeshwar Rai, learned AGA appearing for the State.

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This petition has been filed by the petitioners under Article 227 of the Constitution of India, with the prayer to set aside the impugned order dated 22.05.2019 passed by the Additional Sessions Judge, Court No.1, Agra, in Criminal Revision No. 148 of 2018 (Jawahar Singh and others Vs. State of U.P. and others) as well as order impugned dated 07.03.2014, passed by the Additional Chief Judicial Magistrate, Court No.10, Agra, in Complaint Case No.2134 of 2012 (Dileep Vs. Jawahar Singh and others), under Sections 147, 323, 504, 506, 427, IPC, Police Station New Agra, District.

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I have perused the orders dated 22.05.2019 as well as order dated 07.03.2014 passed by the court concerned and finds that impugned order has been passed by concurrent finding of facts and also finds that the said orders are very elaborated and reasoned order.

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Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The court concerned dealing with aforesaid case have to see only prima-facie case and it cannot be said that no primafacie case is made out against the petitioner. Further, the plea

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raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present petition is refused.

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At this stage, learned counsel for the petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners.

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Hence, it is directed that in case the petitioners surrenders before the court below and applies for bail within three months from today the same shall be considered and decided in view of the settled law. For a period of three months from today, no coercive action shall be taken/given effect to against the petitioners. It is made clear that no further time will be allowed to the petitioners for surrender before the court concerned. It is also made clear that in case the petitioners does not surrender before the court concerned within three months from today, this order shall stand automatically vacated.

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With the above observations, the petition stands disposed of.

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Order Date :- 17.9.2019 VKG

Jawahar Singh and 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jawahar Singh and 8 Others v. State of U.P. and Another

Case brief

What is this about?

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