The High Court refused to quash criminal proceedings under Sections 482 Cr.P.C. as an offence was clearly made out. However, the Court granted a 30-day stay on coercive action, provided the applicant appears for bail applications.
Quashing of proceedings refused; 30-day stay on coercive action granted contingent on appearance for bail.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 21895 of 2019
Applicant :- Smt. Pushpa Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing/stay the entire criminal proceedings as well as impugned charge sheet No. 256A dated 05.05.2010 submitted in Case Crime No. 781 of 2009, under sections 498A, 323, 504, 326, 506 IPC and 3/4 D.P. Act, Police Station Khajni, District Gorakhpur now registered as Case No. 405 of 2010, pending before A.C.J. (S.D.)/A.C.J.M.-III, Gorakhpur.
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 purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 submission made at the bar relates to the disputed question 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. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
However, it is provided that if the applicant appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed off. Order Date :- 31.5.2019 Arti
2 issues framed by the court
Whether criminal proceedings under sections 498A, 323, 504, 326, and 506 IPC should be quashed as no offence is disclosed.
Whether the applicant should be granted a stay on coercive action while appearing before the court for bail.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶8
_R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866_ · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶8
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶8
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶8
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶10
_Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290_
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
_Lal Kamlendra Pratap Singh Vs. State of U.P._ 2009 (3) ADJ 322 (SC)
2 provisions across 2 enactments
Smt. Pushpa Devi
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
