Partly allowed

Sundar and 4 Others v. State of Up and Another

Allahabad HC20 Aug 2019A482/29560/2019

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. sought to quash criminal proceedings, finding a prima facie case existed. The court directed the lower court to consider two bail applications within 30 days and stayed coercive action during this period.

What did the court decide?

The application under Section 482 Cr.P.C. was refused. Bail applications pending below were ordered to be disposed of within 30 days.

Sundar and 4 Others Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 73

¶2

Case :- APPLICATION U/S 482 No. - 29560 of 2019

¶3

Applicant :- Sundar And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash-VII,J.

¶5

The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 1902 of 2018 (Smt. Raj Kumari Vs. Sundar and others), under Sections 323, 504, 354, 506 IPC, Police Station Rohta, District Meerut arising out of summoning order dated 17.1.2019 pending in the court of Additional Chief Judicial Magistrate, Court No.6, Meerut. Further prayer has been made to stay the further proceedings of the aforesaid case.

¶6

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

¶7

It is submitted by the learned counsel for the applicants that the complaint was filed in counterblast with malafide intention. Same date of offence is disclosed in the complaint filed by the applicant against the son of opposite party no. 2. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

¶8

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.

¶9

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 primafacie 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.

¶10

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.

¶11

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/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.

¶12

With the above observations, the application stands disposed of. Order Date :- 20.8.2019

¶13

Sachdeva

Sundar and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Sundar and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Brij Bihari Tiwari Vs State of Up and Another

Damodar and Another Vs State of U.P. and Another

Rudra Singh and 03 Others Vs State of Up and Another

Amarpal and 2 Others Vs State of U.P. and Another

Smt. Vimla Devi and 4 Others Vs State of U.P. and Another

Surendra and 4 Others Vs State of U.P. and Another