Partly allowed

Mithun and 2 Ors. v. State of Up and Anr.

Allahabad HC23 May 2019A482/20461/2019

Case brief

AI extract

What is this about?

The Court quashed the prayer to quash the charge sheet under Section 482 Cr.P.C. as disputed facts required trial. However, it directed that bail be considered if applicants surrender within 30 days and suspended coercive action for that period.

What did the court decide?

Granted a stay on coercive action for 30 days or until surrender; directed bail to be considered upon application by surrenders.

Mithun and 2 Ors. Vs State of Up and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 20461 of 2019

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Applicant :- Mithun And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Sushil Kumar Pandey 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. 82 of 2018 dated 4.4.2018 as well as the entire proceedings of Special Sessions Trial No.251 of 2018(State Vs.Mithun and others), arising out of Case Crime No. 0092 of 2018, under Sections 323, 504, 325 I.P.C. and Section 3(1)(r), 3(1)(s) of SC/ST Act, Police Station Aerwakatra, District Auraiya, pending in the court of learned Additional District and Sessions Judge/Special Judge, SC/ST Act, Court No.1, Auraiya.

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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 apply 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 the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the appellants-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 aforesaid directions, this application is finally disposed of .

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Order Date :- 23.5.2019 Mini

Mithun and 2 Ors. v. State of Up and Anr.

Case brief

What is this about?

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Mithun and 2 Ors. v. State of Up and Anr.

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