Disposed

Chokhe Lal and 3 Others v. State of U.P. and Another

Allahabad HC22 Jul 2019A482/27101/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings for Sections 323, 504, 506, and 354 IPC was dismissed as a prima facie case existed. However, the court directed the lower court to consider bail within 30 days if applicants surrender.

What did the court decide?

Application refused; direction issued to lower court to consider bail expeditiously within 30 days from date of order if applicants surrender.

Chokhe Lal and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 27101 of 2019

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Applicant :- Chokhe Lal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 270 of 2018 under Sections 323, 504, 506, 354 IPC, Police Station Pisawa, District - Aligarh pending in the Court of Judicial Magistrate, Khair, Aligarh as well as summoning order dated 20.4.2019 passed by the court concerned. Further prayer has been made to stay the further proceedings of the aforesaid case.

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Heard learned counsel for the applicants and the learned AGA appearing for the State.

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It is submitted by the learned counsel for the applicants that entire allegations levelled against the applicants are false. A suit for specific performance of an agreement to sell had been filed by applicant no.1 against the opposite party no.2 and due to that reason, present proceedings have been initiated in counter blast only to harass and pressurize the applicants. Prosecution case is also not supported by any medical evidence. It is a no injury case.

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On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.

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Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

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At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.

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Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the applicants.

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It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.

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With the above observations, the application stands disposed of.

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Order Date :- 22.7.2019 ss

Chokhe Lal and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Chokhe Lal and 3 Others v. State of U.P. and Another

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