Disposed

Pramod Kumar Katiyar and 5 Others v. State of U.P. and Another

Allahabad HC15 May 2019A482/11725/2016

Case brief

AI extract

What is this about?

Single Judge rejected the petition to quash summons and criminal proceedings under Section 482 CrPC. While refusing quashing based on disputed facts, the court granted relief from coercive action for sixty days and directed prompt disposal of bail and discharge applications.

What did the court decide?

No coercive action against applicants for 60 days; courts below to dispose of bail and discharge applications expeditiously.

Pramod Kumar Katiyar and 5 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 11725 of 2016

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Applicant :- Pramod Kumar Katiyar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deenanath Mishra Counsel for Opposite Party :- G.A.,Yashpal Yadav

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants, learned A.G.A., for the State of U.P., and perused the record.

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This application under Section 482 Cr.P.C., has been filed on behalf of the applicants with a prayer to quash the summoning order dated 20.5.2015 passed by Additional Civil Judge (Sr. Division)/Judicial Magistrate, Court No. 2, Kanpur Dehat as well as entire proceedings of Complaint Case No. 119 of 2013 under Sections 498-A, 323, 504, 506, 342, 406 IPC, Police Station Shivrajpur, District Kanpur Dehat.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. He further contended that no specific role has been assigned to the applicants.

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Per contra, learned A.G.A., opposed the prayer made and submissions thereof advanced by learned counsel for the applicants.

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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.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of the above, the prayer for quashing the entire proceedings of the aforesaid case is refused.

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However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day, on which they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501 .

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It is further provided that in case, the applicant Nos. 3 to 6 claim discharge through counsel under Section 245 (2) Cr.P.C., within 30 days from today, the same shall be considered and disposed of by the courts below, expeditiously by a speaking order, considering the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716.

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Till the disposal of the discharge application, no coercive action shall be taken against applicant Nos. 3 to 6.

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For a period of 60 days from today or till the applicant Nos. 1 and 2 surrender and apply for bail, whichever, is earlier, no coercive action shall be taken against them.

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If the applicant Nos. 2 to 6 apply for exemption from personal attendance through counsel under Section 205 Cr.P.C., learned trial court shall consider their application sympathetically.

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This application stands disposed of .

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Order Date :- 15.5.2019 Jaswant

Pramod Kumar Katiyar and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pramod Kumar Katiyar and 5 Others v. State of U.P. and Another

Case brief

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