Partly allowed

Kewla Devi v. State of U.P. and Another

Allahabad HC21 May 2019A482/20122/2019

Case brief

AI extract

What is this about?

The Applicant filed an application under Section 482 Cr.PC seeking quashing of criminal proceedings alleging malafide intent and harassment. The Court held that a prima facie case existed and dismissed the quashing prayer. However, it directed that if the Applicant surrenders within 30 days, the lower court must consider bail without coercive action.

What did the court decide?

Prayer for quashing refused. Direction given for 30-day period for surrender and consideration of bail without coercive action.

Kewla Devi Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 20122 of 2019 Applicant :- Kewla Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Prasad,Sahadeo Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sahadeo Singh, learned counsel for the applicant, 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 22.10.2017 and entire criminal proceedings of Criminal case No. 18901 of 2017(State v. Sunita Devi and other arising out of Case Crime no. 256 of 2017 under sections 498A, 304B, IPC and 3/4 of D.P. Act, pending before CJM, Allahabad against the applicant including the non bailable warrant issued against the applicant.

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The contention of learned counsel for the applicant is that no offence against the applicant 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 of 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 applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him/them.

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With the above directions, present application is disposed of.

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Order Date :- 21.5.2019 ssm

Kewla Devi v. State of U.P. and Another

Case brief

What is this about?

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Kewla Devi v. State of U.P. and Another

Case brief

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