Application under Section 482 Cr.P.C. to quash charge sheet and cognizance in a 498A case was dismissed on prima facie grounds. A temporary stay on coercive action was granted pending bail application.
Application quashing charge sheet and cognizance dismissed. Temporary stay on coercive action granted pending bail.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 16906 of 2019
Applicant :- Avanish Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Ahmed Faizan,Syed Farman Ahmad Naqvi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by Hon'ble the Senior Judge vide order dated 29.4.2019.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge sheet dated 25.11.2018 as well as cognizance order dated 21.2.2019, filed in Case No. 98 of 2019 (State Vs. Avanish Singh and others), arising out of Case Crime No. 24 of 2018, under Section 498A, 323, 506 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Allahabad, pending in the court of Additional Chief Judicial Magistrate Court No. 17, Allahabad and also stay the further proceeding of the Case Crime No. 24 of 2018, under Section 498A, 323, 506 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Allahabad, pending in the court of Additional Chief Judicial Magistrate Court No. 17, Allahabad.
A bare reading of the record goes to show that prima facie allegations constitute commission of cognizable offence, hence, there is no reason to interfere in the matter.
The relief claimed in the application by the learned counsel for the applicant is refused.
However, it is observed that in case applicant appears before the court concerned and applies for bail within a period of two months from today. The same shall be disposed of expeditiously by the court concerned in accordance with the law. Till then, no coercive action shall be taken against the applicant.
With the aforesaid observations, the application stands disposed of finally.
Order Date :- 29.4.2019 OP
1 issue framed by the court
Whether the quashing of charge sheet and cognizance in a 498A matter is warranted on prima facie reading of the record.
1 provisions across 1 enactments
Avanish Singh
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
