Disposed

Raj Kumar and 3 Ors. v. State of Up and Another

Allahabad HC4 Apr 2019A482/12255/2019

Case brief

AI extract

What is this about?

The court refused to quash criminal proceedings under Section 482 Cr.P.C., holding that disputed facts preclude interim relief. However, the court granted directions for the applicant to file a discharge application within 30 days, with a stay on coercive action pending its disposal.

What did the court decide?

Application for quashing refused; directions issued to file discharge application within 30 days with stay on coercive action.

Raj Kumar and 3 Ors. Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 12255 of 2019

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Applicant :- Raj Kumar And 3 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Rakesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of the charge sheet dated 21.9.2017 in criminal case no.163 of 2017 arising out of case crime no.315 of 2017, u/s 324, 504, 506, 325 IPC, police station Gagal Hedi, district Saharanpur, pending in the court of Addl. Chief Judicial Magistrate (IInd), Room No.25, District Saharnpur.

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The contention of learned 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. It has been next contended by learned counsel for the applicants that the applicants have falsely been implicated in the instant case due to party bandi. It is also contended that no cognizable offence is made out against 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 cognizable offence is made out against the applicants. All the submission made at the bar relate 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 applicants have 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 entire proceedings is refused.

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However, it is provided that if the applicants appear before the court below within 30 days from today and file discharge application, then the discharge application of the applicants be considered and decided in view of the law propounded by Hon'ble Apex Court . For a period of 30 days from today or till the disposal of the discharge application, 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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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 4.4.2019 m.a.

Raj Kumar and 3 Ors. v. State of Up and Another

Case brief

What is this about?

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Raj Kumar and 3 Ors. v. State of Up and Another

Case brief

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