Dismissed

Ravindra and 9 Others v. State of U.P. and Another

Allahabad HC8 Jul 2019A482/22606/2019

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash proceedings was refused as a prima facie case existed. Court directed surrender within 30 days and restrained coercive action during that period before dismissing the application.

What did the court decide?

Direction to surrender within 30 days for bail consideration; no coercive action during this period; application otherwise dismissed.

Ravindra and 9 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 22606 of 2019

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Applicant :- Ravindra And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 5159 of 2018 (Brijmohan Vs. Parvinder @ Praveen and others), under Sections 323, 504, 506 IPC, Police Station Muradnagar, District Ghaziabad arising out of summoning order dated 10.1.2019 pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Ghaziabad. Further prayer has been made to stay the further proceedings of the aforesaid case.

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Heard learned counsel for the applicants and the learned AGA appearing for the State.

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Submission of the learned counsel for the applicant is that in the complaint filed by the applicant no. 3 against the opposite party no. 2 and his family members they were summoned. Present complaint was filed in counter blast only to create pressure. No such incident ever took place nor the present applicants were involved in the present matter. Summoning order passed in the matter is illegal.

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On the other hand, learned AGA opposed the prayer.

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In this matter, as is evident from the record, in the present complaint in para no. 1 specific details of the crime no. 315 of 2016, under Section 354-D, 506 IPC and Section 7/8 POCSO Act has been mentioned and on that ground applicants were pressurizing the opposite party no. 2 to withdraw the said case. Thus, keeping in view the facts mentioned in the present complaint and the complaint filed on behalf of the applicant no. 3, at this stage it cannot be said that summoning order passed in the present matter is illegal and is in counterblast. Court dealing with the matter has to see only prima facie case. On scrutiny of the entire facts, it cannot be said that no prima facie case is made out. Hence, the prayer made in the present application is refused.

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At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.

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Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.

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With the above observations, the application stands disposed of. Order Date :- 8.7.2019

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Sachdeva

Ravindra and 9 Others v. State of U.P. and Another

Case brief

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Ravindra and 9 Others v. State of U.P. and Another

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