Partly allowed

Laxmi Kant Mishra and 3 Others v. State of Up and Another

Allahabad HC11 Jul 2019A482/25520/2019

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court refused to quash the criminal proceedings as the facts remained disputed. However, the court granted a 30-day exemption from coercive action conditional upon the applicants' surrender and bail application before the lower court.

What did the court decide?

Prayer for quashing refused; 30-day stay on coercive action granted conditional upon surrender and bail application.

Laxmi Kant Mishra and 3 Others Vs State of Up… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 25520 of 2019

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Applicant :- Laxmi Kant Mishra And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Suneel Kumar Mishra,Yogendra Kant Tiwari 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 entire criminal proceedings as well as charge sheet in Case No. 517 of 2015 (State Vs. Laxmi Kant and others) arising out of Case Crime No. 17 of 2014, under section 308, 325, 323, 504 IPC, Police Station Manda, District Allahabad, pending in the court of J.M. 4th, Allahabad.

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The contention of learned 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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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.

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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. Order Date :- 11.7.2019 Arti

Laxmi Kant Mishra and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Laxmi Kant Mishra and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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