Naseem Ahmad and Others v. State of U.P.and Another
Case brief
What is this about?
Single Judge refused to quash proceedings under Sections 482, 498-A, 504, 506 IPC as a prima facie case was made out. Court directed lower court to stay coercive action for 30 days if applicants surrender and apply for bail.
What did the court decide?
No coercive action for 30 days if applicants surrender and apply for bail; matter disposed of.
What the court decided
Court No. - 74 Case :- APPLICATION U/S 482 No. - 1467 of 2011 Applicant :- Naseem Ahmad And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajeev Sisodia,Shashank Kumar Counsel for Opposite Party :- Govt.Advocate
Hon'ble Om Prakash-VII,J.
Mediation process was not successful as the applicants has not complied with the order dated 01.02.2011.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the entire proceedings in Complaint Case No. 306 of 2006, under Sections 498-A, 504 and 506 IPC and Section 3/4 D.P. Act, Police Station Dhampur, District Bijnor pending before the Additional Civil Judge (Jr. Divison) / Judicial Magistrate, Court No. 2, Nagina, District Bijnor.
It is submitted by the learned counsel for the applicants that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.
Issues for consideration
3 issues framed by the court
Whether the application under Section 482 CrPC to quash criminal proceedings is maintainable given the existence of a prima facie case.
Whether the Magistrate court should interfere at the early stage of proceedings before leading of evidence.
Whether to direct the lower court to give expeditious consideration to a pending bail application if the applicants surrender within 30 days.
Parties & counsel
- applicant
Naseem Ahmad And Others
- respondent
State Of U.P. And Another
Coram
Om Prakash
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/1467/2011
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