Dismissed

Mahendra Singh Yadav Advocate and Another v. State of U.P. and 2 Others

Allahabad HC8 Jul 2019A482/25444/2019

Case brief

AI extract

What is this about?

The High Court refused the application under Section 482 Cr.P.C. for quashing a non-bailable warrant, holding that disputed questions of fact cannot be adjudicated at this stage. The Court granted a 30-day stay on coercive action pending bail application or surrender.

What did the court decide?

Prayer for quashing refused; refusal stayed; coercive action barred for 30 days or till bail disposal; direction to file application for recall of warrant or surrender.

Mahendra Singh Yadav Advocate and Another Vs… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 25444 of 2019

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Applicant :- Mahendra Singh Yadav Advocate And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. petition has been filed for quashing the non-bailable-warrant order dated 27.05.2019 passed by Sub Divisional Magistrate, Derapur, Kanpur Dehat in Complaint Case No. 140 of 2019, under Section 107/116 Cr.P.C., Police Station Rura, District Kanpur Dehat.

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The contention of the counsel for the applicants is that no offence against the applicants 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.

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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.

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The prayer for quashing the order impugned is refused.

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However, it is provided that if the applicants file an application for recalling of the non-bailable-warrant issued against them within 30 days from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicants appear and surrender before the court below within 30 days from today and apply for bail, their

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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 applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this application is finally disposed off.

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Order Date :- 8.7.2019 Arti

Mahendra Singh Yadav Advocate and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mahendra Singh Yadav Advocate and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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