Disposed

Noor Mohammad and 3 Others v. State of U.P. and Another

Allahabad HC19 Apr 2019A482/14179/2019

Case brief

AI extract

What is this about?

The High Court refused the application to quash the summoning order and criminal proceedings under Section 482 Cr.P.C. as the offence was made out. However, due to the offences being non-bailable terms under seven years, the Court directed bail consideration on the same day and stayed coercive action for 60 days.

What did the court decide?

Quashing of summoning order and criminal proceedings refused; bail applications to be decided on the same day; coercive action stayed for 60 days.

Noor Mohammad and 3 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 14179 of 2019

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Applicant :- Noor Mohammad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash summoning order dated 19.09.2018, passed by Additional Chief Judicial Magistrate Court No. 4, Bareilly as well as entire criminal proceeding of Complaint Case No. 1572 of 2018 (Saleem vs. Noor Mohammad and others), under Section 452, 323, 504, 506 IPC, Police Station - C.B. Ganj, District - Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Bareilly.

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It is contended by learned counsel for the applicants that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly malafide as such, the present proceedings are an abuse of the process of the court.

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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 applicants.

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Accordingly, the prayer for quashing the impugned summoning order as well as entire criminal proceeding is refused.

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However, none of the aforesaid offences alleged against applicants 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.

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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 applicants file their bail application, their 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.

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For a period of 60 days from today, or till applicants surrender

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& apply for bail, whichever is earlier, no coercive action shall be taken against them.

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It is further observed that if the applicant nos. 2, 3 and 4 apply to dispense with their personal appearance through their counsel under Section 205 Cr.P.C., the same shall be considered by court concerned, sympathetically .

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With the above directions, the instant application is finally disposed of .

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Order Date :- 19.4.2019

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v.k.updh.

Noor Mohammad and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Noor Mohammad and 3 Others v. State of U.P. and Another

Case brief

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