Dismissed

Vivek Chaubey and 2 Others v. State of U.P. and Another

Allahabad HC11 Jul 2019A482/25537/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash non-bailable-warrant order was dismissed. Court excluded factual defenses, allowing applicants 30 days to apply for recall or surrender without coercive action.

What did the court decide?

Application for quashing dismissed. 30 days granted to file for recall of warrant or surrender for bail consideration without coercive action.

Vivek Chaubey and 2 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 25537 of 2019

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Applicant :- Vivek Chaubey And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Kumar Singh 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.

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The present 482 Cr.P.C. petition has been filed for quashing the non-bailable-warrant order dated 15.05.2019 passed by the Civil Judge (S.D.)/A.C.J.M., Kushinagar at Padrauna in Criminal Case No. 20 of 2019, (State Vs. Vivek Chaubeyt) arising out of a case crime no.0123 of 2018, under sections 323, 504, 324, 308 and 506 IPC , Police Station Kaptanganj, District Kushinagar, pending in the court of the Civil Judge (S.D.)/A.C.J.M., Kushinagar at Padrauna .

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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

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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.

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Order Date :- 11.7.2019 PKC

Vivek Chaubey and 2 Others v. State of U.P. and Another

Case brief

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Vivek Chaubey and 2 Others v. State of U.P. and Another

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