Dismissed

Babbu Mishra Alias Suresh Chandra Mishra v. State of Up and Another

Allahabad HC19 Jul 2019A482/19669/2019

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash the trial court's order rejecting a discharge application filed prematurely. The court held that discharge applications are valid only after evidence is adduced under Section 244 Cr.P.C. However, it directed that bail be considered if the applicant surrenders within 30 days.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed. Liberty granted for bail consideration upon surrender within 30 days with no coercive action during this period.

Babbu Mishra Alias Suresh Chandra Mishra Vs… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 19669 of 2019

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Applicant :- Babbu Mishra Alias Suresh Chandra Mishra Opposite Party :- State Of Up And Another Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Shri Ram Rawat, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

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This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 02.03.2019 passed by Additional Judicial Magistrate 5th Jaunpur rejecting the application filed under section 245 (2) Cr.P.C. in Case No. 655 of 2017 under sections 147, 148, 323, 504, 506, 427, 452 IPC (Saroj vs. Shri Ram and others) P.S. Zafrabad, District Jaunpur and also a prayer is made to stay the proceedings in this case till the disposal of this application.

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It is argued by the learned counsel for the applicant that the impugned order dated 02.03.2019 passed by the trial court is erroneous as his discharge application has been dismissed under section 245 (2) Cr.P.C. and the same should be set aside. During argument, he has brought to the notice of the court that till now statement under section 244 Cr.P.C. is yet to be recorded and therefore, the trial court has recorded in the order that the accused-applicant may move discharge application after recording the statement under section 244 Cr.P.C.

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Learned A.G.A. has vehemently opposed the prayer for quashing of the impugned order.

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Perused of the impugned order. I do not see any infirmity in the impugned order because it is established procedure of law that discharge application can be moved after the evidence from the side of the complainant under section 244 Cr.P.C has been adduced and after consideration the same, if charge is not made, the court is well within power to discharge the accusedapplicant.

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Therefore, this application deserves to be dismissed and is accordingly dismissed.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided in view of the settled law laid-down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment 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 the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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Order Date :- 19.7.2019 AU

Babbu Mishra Alias Suresh Chandra Mishra v. State of Up and Another

Case brief

What is this about?

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Babbu Mishra Alias Suresh Chandra Mishra v. State of Up and Another

Case brief

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