Nagendra Singh Alias Nigendra v. State of U.P. and Another
Case brief
What is this about?
The High Court rejected the prayer for quashing the summoning order under Section 482 CrPC as disputed facts cannot be adjudicated. However, the Court granted the applicant 30 days to surrender for bail consideration and stayed coercive action during this period.
What did the court decide?
Prayer for quashing refused. Applicant granted 30 days to surrender; if not surrendered, coercive action may be taken.
What the court decided
Court No. - 69
Case :- APPLICATION U/S 482 No. - 25364 of 2019
Applicant :- Nagendra Singh Alias Nigendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vivek sharma, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the order dated 20.5.2019 passed by learned Chief Judicial Magistrate, Amroha passed in Criminal Case No.63 of 2019 (State Vs. Nagendra Singh alias Nigendra) arising out of Case Crime No.471 of 2018, under Sections 354-Kha, 354-Gha, 366/511, 506, 392 I.P.C., Police Station Hasanpur, District Amroha, pending before Additional Chief Judicial Magistrate, Amroha, whereby the discharge application filed by the applicant has been rejected.
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.
Issues for consideration
2 issues framed by the court
Whether an application under Section 482 CrPC for quashing the summoning order and discharge rejection can be allowed at this stage.
Whether the applicant is entitled to bail or temporary protection from coercive action pending status of surrender.
Parties & counsel
- applicant
Nagendra Singh Alias Nigendra
- respondent
State Of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- A482/25364/2019
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