Dismissed

Ahmad and 4 Others v. State of Up and Another

Allahabad HC6 May 2019A482/17263/2019

Case brief

AI extract

What is this about?

The single judge refused to quash the summoning order and criminal proceedings initiated against the applicants. The court directed the applicants to seek discharge from the trial court within 30 days, and prohibited coercive measures until that decision is made.

What did the court decide?

Application to quash proceedings dismissed; applicants directed to seek discharge under Section 245(2) Cr.P.C. within 30 days; coercive measures stayed.

Ahmad and 4 Others Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 17263 of 2019

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Applicant :- Ahmad And 4 Others Opposite Party :- State of Up And Another Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A.G.A., for the State of U.P.

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This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 4.1.2019 passed by A.C.M.M. IVth, Kanpur Nagar as well as entire proceedings of Complaint Case No. 5664 of 2018 (Sama Parveen Vs. Ahmad and others) under Sections 452, 323, 504 IPC, Police Station Babu Purwa, District Kanpur Nagar.

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Learned counsel for the applicants contended that the applicant No. 1 (Ahmad) has lodged first information report against the opposite party No. 2 (Smt. Shama Parveen) and her family members. In counter blast, opposite party No. 2 (Smt. Shama Parveen) has filed this complaint maliciously with false allegation only to harass the applicants. As per prosecution version, seven persons assaulted on the opposite party No. 2 and his family members by blunt object i.e. lathi and danda. Even so, none from the opposite party No. 2 have either been medically examined or has sustained injury.

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Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.

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Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.

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However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.

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Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.

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Accordingly, this application under Section 482 Cr.P.C., is disposed of .

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Order Date :- 6.5.2019 Jaswant

Ahmad and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ahmad and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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