Dismissed

Manoj Kumar Dwivedi and Others. v. State of U.P and Another

Allahabad HC4 Apr 2019A482/14548/2005

Case brief

AI extract

What is this about?

The Single Judge refused quashing of criminal proceedings under Sections 498-A IPC and 3/4 D.P. Act filed with malafide intent by the applicant. The Court held that prima facie case cannot be negated at this stage and directed the applicant to move for discharge in the Trial Court.

What did the court decide?

Prayer for quashing proceedings refused; 30 days granted to appear for bail application.

Manoj Kumar Dwivedi and Others. Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 14548 of 2005

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Applicant :- Manoj Kumar Dwivedi And Others. Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- Govt. Advocate,R.B. Sahai

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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 complaint case no.1881of 2018 (Parwati vs. Rahul Kumar and others), u/s 498-A IPC and 3/4 D.P. Act, police station Kotwali Dehat, district Etah, pending in the court of Chief Judicial Magistrate, District Etah.

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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. Learned counsel further contends that no offence u/s 504, 506 IPC r/w 3(1) X SC/ST Act is made out against the applicants. Learned counsel next contends that there is five years delay in lodging of the FIR and no plausible explanation has been submitted by the prosecution.

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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 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 and surrender before the court below within 30 days from today and

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apply for bail, then the bail application of the applicants be considered and decided expeditiously, preferably on the same day 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 application for grant of bail, 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

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m.a.

Manoj Kumar Dwivedi and Others. v. State of U.P and Another

Case brief

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Manoj Kumar Dwivedi and Others. v. State of U.P and Another

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