Disposed

Prem Shankar Singh v. State of U.P. and Another

Allahabad HC13 May 2019A482/19115/2019

Case brief

AI extract

What is this about?

In a Section 482 CrPC proceeding, the High Court refused to quash criminal proceedings but granted the applicant a last opportunity to appear in the lower court within three weeks to apply for bail, preventing coercive action during this period.

What did the court decide?

Applicant directed to appear before the lower court within three weeks to move for bail; interim order continued.

Prem Shankar Singh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 19115 of 2019

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Applicant :- Prem Shankar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawan Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the order dated 22.4.2019 passed by the learned A.C.J.M. Court No. 9, Allahabad in complaint case no. 616 of 2016 (Ratna Singh Versus Prem Shanker Singh) under sections 323,504,506,498-A, I.P.C. and section 3/4 of D.P. Act P.S. Sarai Inayat district Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.9, Allahabad.

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Contention is that earlier in this case applicant obtain interim bail. In the meanwhile, the matter was sent to the mediation centre of the lower court. The meditation process was pending and no report was obtained. In the meanwhile, it happened that on the date fixed in the lower court, the applicant could not reach and notice straightway has been issued for none presence of the applicant there was no expression that meditation process has not been concluded. The applicant could not appear before the court concerned due to illness. This act of non appearance was not deliberate or intentional to absent himself from the proceeding of the court. The applicant was physically ill and was not in a position to appear on the date fixed before the court and he undertakes that if the applicant is provided last opportunity he will appear in the court.

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Learned AGA refuted the aforesaid submission.

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Learned A.G.A. has supported the proceedings of the

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lower court and submitted that there is no good ground for quashment of the proceedings. He adds that court below has rightly issued non-bailable warrant against the applicant, but conceded that if, applicant makes promise to surrender before the court below within the stipulated period, then court may give some time for surrender before the court below.

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In view of the above facts and circumstances of the case, as a measure of last opportunity, applicant is directed to appear before the court concerned within a period of three weeks from today and applies for bail, the same shall be heard and disposed of by the courts below in view of Criminal Application u/s 482 Cr.P.C. No.21679 of 2014 Munawwar and 9 others VS. State of U.P. another.

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For a period of three weeks from today, no coercive action shall be taken against the applicant.

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Till the next date of listing, interim order granted earlier shall continue.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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With the above direction the instant application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 13.5.2019 N.A.

Prem Shankar Singh v. State of U.P. and Another

Case brief

What is this about?

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Prem Shankar Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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