Dismissed

Rajaram and 02 Others v. State of Up and Another

Allahabad HC7 May 2019A482/18294/2019

Case brief

AI extract

What is this about?

Single judge application under Section 482 Cr.P.C. for quashing criminal proceedings was dismissed. Despite refusal, court allowed four weeks for appearance and surrender to apply for bail without coercive action, citing Supreme Court precedents on bail and quashing.

What did the court decide?

Application for quashing refused. Four weeks granted for surrender and bail application without coercive action.

Rajaram and 02 Others Vs State of Up and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 18294 of 2019

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Applicant :- Rajaram And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants and learned A.G.A.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of ST. No. 513 of 2018, arising out of Case Crime no. 880 of 2012, under Sections 323, 504, 506 I.P.C. and Section 3(1)X SC/ST Act, P.S. Dhanghata, district-Sant Kabir Nagar, pending in the Court of District & Sessions Judge, Sant Kabir Nagar.

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The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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Per contra learned A.G.A. Submitted that 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. The submissions made by learned counsel for the applicants relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of

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Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

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The submissions made by learned A.G.A. have force.

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The prayer for quashing the proceedings of the aforementioned case is refused.

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However, it is directed that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, their

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prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P .

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For a period of four weeks from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this application is finally disposed of. Order Date :- 7.5.2019 Faridul

Rajaram and 02 Others v. State of Up and Another

Case brief

What is this about?

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Rajaram and 02 Others v. State of Up and Another

Case brief

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