This order refuses to quash proceedings but directs the trial court to grant bail on the same day and prohibits coercive action for 60 days pending surrender.
No coercive action for 60 days; bail to be decided on the same day filed.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 14163 of 2019
Applicant :- Smt Adneem Kumari Opposite Party :- State Of Up And Another Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the impugned summoning order dated 7.8.2012 passed by Chief Judicial Magistrate, Shahjahanpur as well as entire proceedings of Complaint Case No. 2068 of 2012 (Anant Ram Vs. Ram Chandra and others) under Section 420 IPC, Police Station Khudaganj, District Shahjahanpur.
Learned counsel for the applicant contended 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 an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in the impugned summoning order.
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 applicant.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences against applicant is punishable with imprisonment for more than seven years. 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 others Vs. State, and another reported in 2018 (2) ACR 2190 , it is directed that in case the applicant file his bail application, 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 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 her.
With the above directions, this application U/s 482 Cr.P.C., is disposed of .
Order Date :- 6.5.2019 Jaswant
2 issues framed by the court
Whether the criminal proceedings under Section 420 IPC against the applicant can be quashed under Section 482 Cr.P.C.
Whether to direct the trial court to consider bail applications on the same day.
Colour shows how this judgement treated each authority
Smt. Sakeena and others Vs. State, and anotherReferred¶12
2018 (2) ACR 2190
1 provisions across 1 enactments
Smt Adneem Kumari
State of UP and Another
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
