Disposed

Sakhawat v. State of Up and Another

Allahabad HC18 Jul 2019A482/23957/2019

Case brief

AI extract

What is this about?

The single-judge High Court rejected an application under Section 482 Cr.P.C. to quash trial proceedings for allegedly non-cognizable offences. The court held no case for interference exists as a prima-facie case is established, directing the applicant to surrender for bail within 30 days without coercive action during that period.

What did the court decide?

Application refused. Applicant directed to surrender and apply for bail in 30 days; coercive action stayed for that period.

Sakhawat Vs State of Up 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. - 23957 of 2019

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Applicant :- Sakhawat Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravi Shankar Tripathi 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 applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 2208 of 2016 (Reshma Vs. Sakhawat), under Sections 452, 354 IPC, Police Station Kotwali, District - Budaun arising out of summoning order dated 25.11.2017 pending in the court of Additional Chief Judicial Magistrate, Budaun. Further prayer has been made to stay the further proceedings of the aforesaid case.

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

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It is submitted by the learned counsel for the applicant that the complaint was filed in counter blast. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

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On the other hand, learned AGA has submitted that applicant has been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.

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Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

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

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Hence, it is directed that in case the applicant surrenders before the court below and applies 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 applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.

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With the above observations, the application stands disposed of. Order Date :- 18.7.2019

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Sachdeva

Sakhawat v. State of Up and Another

Case brief

What is this about?

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Sakhawat v. State of Up and Another

Case brief

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