Disposed

Ashraf and 03 Others v. State of Up and Another

Allahabad HC15 Jul 2019A482/18155/2019

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CrPC seeking quashing of criminal proceedings, finding a prima facie case made out. However, the court issued a direction for the expeditious disposal of the applicants' subsequent bail application, granting a temporary stay on coercive action for 30 days.

What did the court decide?

Prayer to quash proceedings refused. Direction issued for expeditious disposal of bail application if applicants surrender within 30 days; coercive actions stayed for 30 days.

Ashraf and 03 Others Vs State of Up… — Constitutional and Fundamental Rights | Allahabad HC (2019)

¶1

Court No. - 73

¶2

Case :- APPLICATION U/S 482 No. - 18155 of 2019

¶3

Applicant :- Ashraf And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Brijesh Kumar Patel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash-VII,J.

¶5

The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 1268 of 2017 (Nazma Vs. Ashraf and others), under Sections 323, 504, 506, 452 IPC, Police Station Mirzamurad, District - Varanasi arising out of summoning order dated 17.11.2017 pending in the court of Additional Chief Judicial Magistrate, Court No.10, Varanasi. Further prayer has been made to stay the further proceedings of the aforesaid case.

¶6

Heard learned counsel for the applicants and the learned AGA appearing for the State.

¶7

It is submitted by the learned counsel for the applicants that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

¶8

On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.

¶9

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no primafacie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

¶10

At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.

¶11

Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.

¶12

With the above observations, the application stands disposed of. Order Date :- 15.7.2019

¶13

Sachdeva

Ashraf and 03 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ashraf and 03 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Lubna and 03 Others Vs State of Up and Another

Smt. Sunita Vs State of U.P. and Another

Rambali and 4 Others Vs State of U.P.and Another

Yatendra @ Pintoo and 3 Others Vs State of U.P. and Another

Sahab Lal and 4 Others Vs State of U.P. and Another

Dilshad and 3 Others Vs State of U.P. and Another