Partly allowed

Mubarak Ansari v. State of Up and Another

Allahabad HC26 Aug 2019A482/29253/2019

Case brief

AI extract

What is this about?

Court refused to quash Section 482 Cr.P.C. petition regarding police case under Sections 427/468 IPC and Cow Slaughter Act. Petition rejected as disputed facts cannot be adjudicated. Applicant granted temporary relief to appear and surrender within 30 days for bail consideration.

What did the court decide?

Quashing of proceedings refused. 30 days granted to appear and apply for bail; coercive action stayed during this period.

Mubarak Ansari Vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 29253 of 2019

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Applicant :- Mubarak Ansari Opposite Party :- State Of Up And Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Learned counsel on behalf of applicant, is permitted to make necessary correction in the memo of the application.

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2nd Supplementary affidavit filed on behalf of applicant, is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. petition has been filed for quashing/stay the entire criminal proceeding as well as order dated 04.06.2019 passed by Incharge, Judicial Magistrate, Sonebhadra in Misc. Case No. 34 of 2019 (State Vs. Owner of Vehicle No. UP67J-6883), under section 82 of Cr.P.C., Police Station Manchi, District Sonebhadra in Case Crime No. 6/2018, under section 427/468 IPC and section 3/5A/8 Cow Slaughter Act and section 11 Animal Cruelty Act.

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The contention of learned counsel for the applicant is that no offence against the applicant 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

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before the court concerned is refused.

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However, it is provided that if the applicant 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed off. Order Date :- 26.8.2019 Arti

Mubarak Ansari v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Mubarak Ansari v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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