Disposed

Premveer and Another v. State of U.P. and Another

Allahabad HC25 Jul 2019A482/27483/2019

Case brief

AI extract

What is this about?

The Single Judge of the High Court rejected the plea to quash the charge sheet under Section 482 Cr.PC as disputed facts could not be adjudicated. The court directed the applicants to appear and surrender within 30 days for bail consideration and prohibited coercive action during this period unless the applicants failed to appear.

What did the court decide?

Application for quashing dismissed; direction to surrender within 30 days for bail; no coercive action during 30 days; coercive action allowed if applicants fail to appear.

Premveer and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 69 Case :- APPLICATION U/S 482 No. - 27483 of 2019 Applicant :- Premveer And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Awasthi,Girja Shanker Sen Counsel for Opposite Party :- G.A.

¶2

Hon'ble Vivek Kumar Singh,J.

¶3

Heard Sri Girja Shanker Sen, learned counsel for the applicants, Sri Sanjay Singh learned AGA-I, for the State.

¶4

This application has been filed under section 482 Cr.PC with a prayer to set aside/quash the impugned charge sheet dated 22.10.2018 submitted against the applicants upon which congnizance has been taken in case of State v. Premveer and others arising out of Case Crime No. 501/2017, under section 2/3 of Gangster Act, Police Station Aonla, District Bareilly pending in the court of Addl. District Judge-V, Bareilly as well as entire proceedings of the aforesaid case as the same arises out of charge sheet.

¶5

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 purpose of harassment. He pointed out certain documents and statements in support of his contention.

¶6

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 submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

¶7

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

¶8

However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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.

¶9

With the above directions, present application is disposed of.

¶10

Order Date :- 25.7.2019 ssm

Premveer and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Premveer and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chhote Singh Yadav and Another Vs State of Up and Another

Nanda Singh Bisht Vs State of U.P. and Another

Laxmi Kant Mishra and 3 Others Vs State of Up and Another

Satya Dev Rai Vs State of U.P.

Govind Vs State of U.P. and Another

Gaurav Tiwari Vs State of U.P. and Another