Disposed

Ram Dular and 3 Others v. State of Up and Another

Allahabad HC28 May 2019A482/21149/2019

Case brief

AI extract

What is this about?

The High Court refused to quash the summoning order but directed that bail applications be decided on the same day. It imposed a 60-day moratorium on coercive action and directed expedited hearings for discharge and exemption from personal appearance.

What did the court decide?

Application for quashing refused; bail hearings directed to be expeditiously decided; coercive action stayed for 60 days.

Ram Dular and 3 Others Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 21149 of 2019

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Applicant :- Ram Dular And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A. G. A. for the State.

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This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 27.10.2018 passed by Special Chief Judicial Magistrate, Allahabad as well as proceedings of Complaint Case No. 209 of 2017 (Ashutosh Dwivedi Vs. Ram Dular and others), under Sections 323, 504, 506 IPC, Police Station Mau-aima, District Allahabad.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.

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Learned A.G.A., contended that there is no illegality in the impugned order.

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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.

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In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.

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However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.

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In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190 , it is directed that in case the applicants file their bail application, prayer for bail shall

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be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.

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For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.

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It is further directed that if applicants apply for discharge at the appropriate stage, the same shall be decided by the trial court expeditiously on merit by a speaking order.

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It is further directed that if the applicant Nos. 2, 3 and 4 apply before the concerned Magistrate to exempt their appearance through counsel under Section 205 Cr.P.C., the same shall be considered by the concerned Magistrate, sympathetically.

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With the above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 28.5.2019 AKT

Ram Dular and 3 Others v. State of Up and Another

Case brief

What is this about?

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Ram Dular and 3 Others v. State of Up and Another

Case brief

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What the court decided

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