Disposed

Pawan Kumar Mishra and Another v. State of U.P. and Another

Allahabad HC14 May 2019A482/19214/2019

Case brief

AI extract

What is this about?

In a quashable application u/s 482 Cr.PC challenging proceedings u/s 498A IPC, the court declined to quash the proceedings as a prima facie offence existed. However, it granted a 30-day reprieve from coercive action if applicants surrender for bail.

What did the court decide?

Prayer for quash dismissed; no coercive action for 30 days if applicants surrender and apply for bail.

Pawan Kumar Mishra and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 19214 of 2019 Applicant :- Pawan Kumar Mishra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Dur Vijay Singh, learned counsel for the applicants, 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 charge sheet dated 12.6.2018 as well as cognizance order dated 29.10.2018 as well as cognizance order dated 29.10.2018 and the entire proceeding of Case No. 3280 of 2018 (State v Pawan Kumar and others) under sections 498A, 352, 506 IPC, and 3/4 of D.P. Act, Police Station- Raoja, District- Shahjahanpur pending in the court of ACJM- II, arising out of Case Crime No. 2892 of 2017.

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The contention of learned 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 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 applicants. 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 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 above directions, present application is disposed of.

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Order Date :- 14.5.2019 ssm

Pawan Kumar Mishra and Another v. State of U.P. and Another

Case brief

What is this about?

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Pawan Kumar Mishra and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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