Disposed

Smt. Veenakshi Verma and 05 Others v. State of Up and Another

Allahabad HC13 May 2019A482/18133/2019

Case brief

AI extract

What is this about?

In this Sans 482 CrPC application, the court refused to quash the summons order and proceedings but directed that bail application be decided on the same day of filing. It also stayed coercive action for 60 days if applicants surrender. The case involves offences not punishable beyond seven years.

What did the court decide?

Prayer for quashing refused. Bail to be decided same day of filing or interim bail if delayed. No coercive action for 60 days if applicants surrender.

Smt. Veenakshi Verma and 05 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 18133 of 2019

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Applicant :- Smt. Veenakshi Verma And 05 Others Opposite Party :- State of UP And Another Counsel for Applicant :- Sushil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Vakalatnama filed today by Sri Niklank Jain, Advocate on behalf of opposite party No. 2 is taken on record.

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Heard learned counsel for the parties.

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This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 29.9.2018 passed by Chief Judicial Magistrate, Etah and well as entire proceedings of Criminal Complaint Case No. 1582 of 2017 (Manish Kumar Vs. Virendra Singh and others) under Sections 323, 325, 452, 504, 506 IPC, Police Station Jalesar, District Etah.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.

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Learned A.G.A., and learned counsel for the opposite party No. 2, contended that there is no illegality in the impugned order.

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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 applicants.

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In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.

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However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.

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In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190 , it is directed that in case the applicants file their bail application, prayer for bail shall be considered and decided

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on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.

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For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.

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However, if the applicant Nos. 1, 2, 4, 5, 6 apply for exemption from personal attendance through counsel under Section 205 Cr.P.C., learned trial court shall consider their application sympathetically.

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With the above directions, this application U/s 482 Cr.P.C., is finally disposed of .

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Order Date :- 13.5.2019 Jaswant

Smt. Veenakshi Verma and 05 Others v. State of Up and Another

Case brief

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Smt. Veenakshi Verma and 05 Others v. State of Up and Another

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