Application under Section 482 CrPC to quash charge sheet and cognizance order was refused as disputed facts. Court directed bail hearing on the same day and prohibited coercive action against the applicant for 60 days following a specific precedent.
Prayer for quashing refused; direction for same-day bail hearing and 60-day stay on coercive action granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- APPLICATION U/S 482 No. - 12926 of 2019
Applicant :- Inam Opposite Party :- State Of Up And Another Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the charge-sheet dated 09.05.2015, in Case No. 4717 of 2018 (State v. Inam) as well as the cognizance order dated 25.06.2015 passed by Civil Judge (Junior Division)/F.T.C., Saharanpur, arising out of Case Crime No. 62 of 2015, under Sections 384, 504, 506 of the Indian Penal Code, 1860, Police Station - Mirzapur, District - Saharanpur.
It is contended by learned counsel for the applicant that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying filing of charge-sheet and so taking cognizance in the aforesaid case by the court below.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicant.
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 of the Code.
Accordingly, the prayer for quashing the charge-sheet as well as the cognizance order in the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicant is punishable with imprisonment for more than seven
years. The police has submitted charge-sheet. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and another v. State of U.P. and another reported in 2018 (2) ACR 2190 , it is directed that in case the applicant files his bail application, his prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then his prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 2.5.2019 I. Batabyal
2 issues framed by the court
Whether the charge sheet and cognizance order under Sections 384, 504, 506 IPC should be quashed as being an abuse of process of court.
Whether a direction for immediate hearing of bail applications and restraint on coercive action for 60 days can be issued.
Colour shows how this judgement treated each authority
Smt. Sakeena and another v. State of U.P. and anotherRelied on¶14
2018 (2) ACR 2190
2 provisions across 2 enactments
Inam
State of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
