Disposed

Sunil Kumar and Another v. State of U.P. and Another

Allahabad HC24 May 2019A482/20704/2019

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings instituted against the applicants under sections 498A, 323, and 506 IPC and the Dowry Prohibition Act. The Court directed that if the applicants surrender and apply for bail within 30 days, the lower court must consider the bail application, with coercive action stayed during this period.

What did the court decide?

Application for quashing refused. Directions issued to lower court to consider bail if applicants surrender within 30 days; no coercive action allowed in that period.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 20704 of 2019

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Applicant :- Sunil Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Vijay Tripathi, learned counsel for the applicants, Sri Abhinav Prasad learned AGA for the State.

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This application has been filed under section 482 Cr.PC with prayer seeking quashing of entire proceedings in pursuance of charge sheet dated 25.12.2018 as well as impugned summoning order dated 14.3.2019 in Case No. 834 of 2019 arising out of Case Crime No. 16/2018(State of U.P. v. Sunil and Another) under sections 498A, 323, 506 IPC and under section 3/4 of D.P. Act, Police Station- Mahila Thana, District- Firozabad.

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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 applicants. 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 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 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 above directions, present application is disposed of.

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Order Date :- 24.5.2019 ssm

Sunil Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Sunil Kumar and Another v. State of U.P. and Another

Case brief

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