Jagdish and Anr. v. State of U.P. and Anr.
Case brief
What is this about?
The court refused an application under Section 482 Cr.P.C. to quash criminal proceedings. It held that the disputed facts cannot be adjudicated at this stage as a prima facie case exists. However, a 30-day suspension of coercive action was granted conditional upon the applicants' surrender and bail application.
What did the court decide?
No coercive action against applicants for 30 days if they surrender and file bail application; otherwise coercive action may be taken.
What the court decided
Court No. - 65
Case :- APPLICATION U/S 482 No. - 24537 of 2019
Applicant :- Jagdish And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ashish Jaiswal Counsel for Opposite Party :- G.A.,Bhuvnesh Kumar Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashish Jaiswal, learned counsel for the applicants, Sri Bhuvnesh Kumar Singh, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 27.12.2018 as well as cognizance order dated 29.1.2019 and the entire proceedings of criminal case arising out of Case Crime No. 410 of 2018 under sections 452, 323, 324, 504, 506 IPC, Police Station Afzalgarh, District Bijnor pending before Additional Chief Judicial Magistrate, Nagina, District Bijnor and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by the learned counsel for the applicant that the accusedapplicants are witnesses in complaint case no. 4164 of 2018 against the opposite party no. 2 because of which opposite party no. 2 has falsely implicated them in the present. No such incident has happened. The Investigating Officer has submitted charge-sheet in routine manner without property investigating the case.
Learned A.G.A. as well as learned counsel for the opposite party have vehemently opposed the prayer for quashing of the proceedings. Learned counsel for the opposite party no. 2 has stated that there is active role of the accused-applicants in this case and charge-sheet has been rightly submitted.
Issues for consideration
2 issues framed by the court
Whether the charge-sheet and cognizance order in a criminal case involving allegations of injury and threat should be quashed or proceedings stayed.
Whether the disputed defense and prima facie case for cognizable offense exist at the stage of Section 482 Cr.P.C. application.
Parties & counsel
- applicant
Jagdish And Anr.
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- A482/24537/2019
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