Disposed

Kuldeep v. State of U.P. and Another

Allahabad HC9 May 2019A482/18519/2019

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the single judge refused to quash criminal proceedings against the applicant for matrimonial offences. The court noted disputed facts precluded quashing but directed the lower court to consider a bail application if the applicant surrendered within 30 days, suspending coercive action during that period.

What did the court decide?

Application for quashing dismissed; 30-day direction to appear for bail granted with suspension of coercive action.

Kuldeep Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 18519 of 2019 Applicant :- Kuldeep Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Chand,Dushyant Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Dushyant Singh, learned counsel for the applicant, Sri Abhinav Prasad 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 Case No. 187 of 2018 (State v. Kuldeep) under sections 498A, 323,506 IPC and 3/4 of D.P. Act, pending in the court of Addl. Civil Judge-I, (S.D.) Bulandshahr including cognizance order dated 17.4.2018 and the charge sheet No. 235 A of 2016 dated 17.4.2017, filed in Case Crime No. 194 of 2016, under sections 498A, 323,506 IPC and 3/4 of D.P. Act, Police Station Salempur, DistrictBaulandshahr.

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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 case pending before the court concerned is refused.

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However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants 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). For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him/them.

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With the above directions, present application is disposed of.

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Order Date :- 9.5.2019/ssm

Kuldeep v. State of U.P. and Another

Case brief

What is this about?

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Kuldeep v. State of U.P. and Another

Case brief

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