Partly allowed

Rajpal and 2 Others v. State of U.P. and Another

Allahabad HC22 Jul 2019A482/27104/2019

Case brief

AI extract

What is this about?

High Court declined quashal of criminal proceedings and summoning order under Section 482 Cr.P.C. due to lack of prima facie case of no offence. Granted 30-day stay on coercive action and directed lower court to decide bail expeditiously upon surrender.

What did the court decide?

Quashal prayer refused; 30-day stay on coercive action granted; bail application to be decided expeditiously upon surrender.

Rajpal and 2 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 27104 of 2019

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Applicant :- Rajpal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawankumar Dubey 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 applicant with the prayer to quash the entire proceedings of complaint case no. 861 of 2018 under Sections 452, 354, 504, 506, 380 IPC, Police Station Sindhauli, District - Shahjahanpur pending in the Court of Addl. Chief Judicial Magistrate-I, Shahjahanpur as well as summoning order dated 8.2.2019 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 applicant and the learned AGA appearing for the State.

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It is submitted by the learned counsel for the applicant that present proceedings have been initiated against the applicants in counter blast in order to harass and pressurize them. Complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Section is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

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On the other hand, learned AGA has submitted that applicant has 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 applicant. 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 applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.

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Hence, it is directed that in case the applicant surrenders before the court below and applies 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 applicant.

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It is made clear that no further time shall be allowed to the applicant 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

Rajpal and 2 Others v. State of U.P. and Another

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Rajpal and 2 Others v. State of U.P. and Another

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