Disposed

Jagannath and 2 Others v. State of U.P. and Another

Allahabad HC20 May 2019A482/19889/2019

Case brief

AI extract

What is this about?

The High Court refused the quashing of a non-bailable warrant under section 482 Cr.PC as disputed facts were not appropriate for this jurisdiction. The court granted a 30-day stay on coercive action if applicants appear or apply for bail, with directions to dispose of the bail prayer expeditiously.

What did the court decide?

30-day stay on coercive action if applicants appear or apply for bail within the period.

Jagannath and 2 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 19889 of 2019

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Applicant :- Jagannath And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pavan Kumar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Pavan Kumar Kushwaha, learned counsel for the applicants and Sri Sanjay Singh, learned AGA for the State.

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This application has been filed under section 482 Cr.PC with a prayer to quash the Non Bailable Warrant dated 15.3.2019 in Case No.181/2010 (State v. Jagannath and others) in Case Crime No. 583/2009, under section 498A IPC and 3/4 of D.P. Act, Police Station- Sirauli, District - Bareilly, pending in the court of Judicial Magistrate- !, Aonla, District- Bareilly.

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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 applicant. 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 Non Bailable Warrant order and the proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is provided that if the applicants file an application for recalling of the non-bailable warrant issued against them within 30 days from today, the said application may be considered and disposed off as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant 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).

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For a period of 30 days from today or till disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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With the above directions, present application is disposed of.

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Order Date :- 20.5.2019 ssm

Jagannath and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Jagannath and 2 Others v. State of U.P. and Another

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