Disposed

Xhitiz Sharma v. State of U.P. and Anr.

Allahabad HC19 Apr 2019A482/15201/2019

Case brief

AI extract

What is this about?

The applicant sought quashing of criminal proceedings and notes under Sections 498A and others IPC via Section 482 Cr.PC. The Court refused quashing but directed conditional bail: no coercive action within 30 days of surrender; otherwise, coercive measures permitted.

What did the court decide?

Quashing refused; conditional bail directions issued for 30 days, prohibiting coercive action upon surrender.

Xhitiz Sharma Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 15201 of 2019

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Applicant :- Xhitiz Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ramesh Kumar Shukla, learned counsel for the applicant, Sri Abhinav Prasad learned AGA for the State.

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This application has been filed under section 482 Cr.PC with prayer seeking stay/quashing of entire proceedings of impugned charge sheet of Case No. 18/2019 arising out of Case Crime No. 27/2018 under sections 498A, 323,504,506,313,354-B, IPC, Police Station- Mahila Thana, District- Baghpat as well as summoning order dated 12.3.2019 pending in the court of ACjM, Baghpat.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.

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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 applicant. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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 applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him/them.

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With the above directions, present application is disposed of.

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Order Date :- 19.4.2019/ssm

Xhitiz Sharma v. State of U.P. and Anr.

Case brief

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Xhitiz Sharma v. State of U.P. and Anr.

Case brief

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