Dismissed

Ravi Kumar Yadav and Another v. State of U.P. and Another

Allahabad HC16 May 2019A482/19422/2019

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. seeking quashing of charge sheet and proceedings was dismissed as prima facie case exists. However, the court granted an extraordinary direction allowing the applicants to surrender within 30 days to have their bail prayer considered without coercive action.

What did the court decide?

Application for quashing dismissed; special direction given to consider bail prayer if applicants surrender within 30 days.

Ravi Kumar Yadav and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 19422 of 2019

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Applicant :- Ravi Kumar Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Pratap Yadav 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. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet no.01/18 dated 25.05.2018, as well as cognizance order dated 07.08.2018 and entire proceedings of its consequent case being Special Session Trial No.314/2018, State Vs. Tarkeshwar Yadav and another, under Sections 504, 427 I.P.C. & 3(1)(Da)(Dha) SC/ST Act, Case Crime No.188/2018, P.S. Dhanghata, District Sant Kabir Nagar, pending in the court of Session Judge, Sant Kabir Nagar.

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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 causing 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 at this stage. 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.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 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 .

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and applies for bail, their 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. For a period of 30 days from today or till applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against applicants. However, in case, applicants does 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.

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Order Date :- 16.5.2019

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R./

Ravi Kumar Yadav and Another v. State of U.P. and Another

Case brief

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Ravi Kumar Yadav and Another v. State of U.P. and Another

Case brief

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