Disposed

Umesh and 5 Others v. State of U.P. and Another

Allahabad HC11 Dec 2019A227/9084/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the court refused to quash criminal proceedings against petitioners. However, it directed that if petitioners surrender within 45 days, their bail application will be decided favorably, and no coercive measures shall be taken during this period.

What did the court decide?

Petition refused; no coercive measures for 45 days; bail to be considered if petitioners surrender within 45 days.

Umesh and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 76

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Case :- MATTERS UNDER ARTICLE 227 No. - 9084 of 2019

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Petitioner :- Umesh And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Dharmendra Kumar Srivastava,Hari Prakash Mishra

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Counsel for Respondent :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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

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The present writ petition has been filed with the prayer to quash the impugned order dated 01.07.2017 passed by Chief Judicial Magistrate, Kasganj in protest petition registered as Paper no. 22B and order dated 18.09.2019 passed by IVth Additional Session Judge, Kasganj in Criminal Revision No. 111 of 2017 (Mohar Singhf and others vs. State of U.P. and others) as well as proceedings of Criminal Case No. 2122 of 2017 (State vs. Umesh and others) arising out of Case Crime No. 319 of 2012, under Sections 147, 452, 376, 323, 504, 506 IPC and 3(1)(10) of S.C./S.T. Act, Police Station-Patiyali, District-Kasganj, pending in the Court of Chief Judicial Magistrate, Kasganj.

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The contention of learned counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the petitioners involves factual disputes and appraisal of evidence.

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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 petitioners at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court at this stage. 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 .

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioners appear and surrender before the court below within 45 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 45 days, no coercive measure shall be taken against the petitioners in the aforesaid case.

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With the aforesaid directions, this writ petition is finally disposed of .

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Order Date :- 11.12.2019 JK Yadav

Umesh and 5 Others v. State of U.P. and Another

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What is this about?

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Umesh and 5 Others v. State of U.P. and Another

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