Partly allowed

Vivek Thapliyal v. State of U.P. and Another

Allahabad HC2 May 2019A482/17102/2019

Case brief

AI extract

What is this about?

Single-judge High Court refused to quash proceedings under Section 482 CrPC in a matrimonial dispute, finding a prima facie case. Court granted 30-day stay on coercive action if applicant appears or recalls NBB warrant, with later arrest possible.

What did the court decide?

Application for quash refused; coercive action stayed for 30 days if applicant appears or recalls NBB warrant; otherwise arrest permitted.

Vivek Thapliyal Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 17102 of 2019

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Applicant :- Vivek Thapliyal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Abhishek Kumar Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA for the State.

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This application has been filed under section 482 Cr.PC with a prayer to stay/quash the entire proceedings of charge sheet bearing no. 132 of 2017 dated 11.10.2017 in Case No. 1368 of 2017 arising out of Case Crime No. 117 of 2017 under sections 498A, 323,504, 506 IPC, Police StationMahila Thana, District- Gautambudh Nagar, along with Non-Bailable Warrant dated 6.3.2019, passed by Civil Judge (SD), Gautambudh Nagar, U.P.

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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 pending case before the court concerned as well as quashing of non-bailable warrant, is refused.

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However, it is provided that if the applicant files an application for recalling of the non-bailable warrant issued against him within 30 days from today, the said application may be considered and disposed off as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant 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).

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For a period of 30 days from today or till disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against

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the applicant.

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However, in case, the applicant do not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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With the above directions, present application is disposed of.

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Order Date :- 2.5.2019

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ssm

Vivek Thapliyal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vivek Thapliyal v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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