Abhinay Kumar Singh @ Rajj and Others v. State of U.P. and Another

Allahabad HC21 Oct 2019A482/18852/2008

Case brief

AI extract

What is this about?

Held that the criminal application under Section 482 Cr.P.C. is disposed of without quashing. The court directed the trial court to conclude the trial expeditiously within six months and prohibited coercive action against the applicant if they cooperate.

What did the court decide?

Ordered trial concluded within six months; no coercive action against applicant pending cooperation with trial.

Abhinay Kumar Singh @ Rajj and Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 18852 of 2008

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Applicant :- Abhinay Kumar Singh @ Rajj And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.K. Chaubey,A.N. Singh Counsel for Opposite Party :- Govt. Advocate,D.K. Srivastava,N.S. Singh,Vinay Kumar Mishra

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri A.N. Singh, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.

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This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Case No.286 of 2008, under Sections 147, 323, 504, 506, 452 and 383 I.P.C., Police Station Bheempura, District Ballia.

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Learned counsel for the applicants submitted that the from the side of the applicant the first information report was lodged on 12.11.2007 in which after investigation the charge sheet has been submitted, thereafter, an application was moved from the side of opposite party no.2 on 3.1.2008 with regard to the alleged incident dated 12.11.2007 changing the time of the incident on which the first information report was lodged on 10.1.2008 though no such incident has taken place. It is thus, submitted that the proceedings of the present case is bad in law. In support of his contention he placed reliance in the matter of Vineet Kumar and Ors. v. State of U.P. and Anr. Criminal Appeal No.577 of 2017 (arising out of SLP No. (Cri) No.287 of 2017) dated 31.3.2017

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Learned A.G.A. for the State-respondent have justified the order impugned and submitted that the order impugned does not suffers from any illegality or infirmity which may warrant any interference by this Court.

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Considering the facts and circumstances of the case and submissions as advanced by he counsel for the parties, the present 482 Cr.P.C. application is disposed of with the direction to learned Judicial Magistrate-II, Ballia, Case No.286 of 2008, under Sections 147, 323, 504, 506, 452 and 383 I.P.C., Police Station Bheempura, District Ballia, pending in the Court learned Judicial Magistrate-II, Ballia, as expeditiously as possible in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order, after hearing the concerned parties without granting unnecessary adjournment to either of the parties, in case the proceedings of the aforesaid case is not stayed by any Court.

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However, it is provided that till the disposal/conclusion of aforesaid case, no coercive action shall be taken against the applicant provided the applicant shall cooperate with the trial.

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In view of the above, this 482 Cr.P.C. application stands disposed of.

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Order Date :- 21.10.2019 Dev/-

Abhinay Kumar Singh @ Rajj and Others v. State of U.P. and Another

Case brief

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Abhinay Kumar Singh @ Rajj and Others v. State of U.P. and Another

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