Disposed

Fariyad Ansari and 2 Others v. State of Up and Another

Allahabad HC22 Aug 2019A482/29778/2019

Case brief

AI extract

What is this about?

The High Court refused to quash complaints under Section 482 Cr.P.C., holding that a prima facie case existed for the charged IPC offences. While declining to interfere with impugned orders, the Court directed the lower court to consider bail applications within 30 days and stayed coercive action.

What did the court decide?

Application refused; stay on coercive action for 30 days pending bail consideration.

Fariyad Ansari and 2 Others Vs State of Up 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. - 29778 of 2019

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Applicant :- Fariyad Ansari And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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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. 486 of 2018 (Isha Ansari Vs. Fariyad Ansari and others), under Sections 406, 323, 504, 5606 IPC, Police Station Ramkola, District Kushi Nagar arising out of summoning order dated 19.9.2018 pending in the court of Chief Judicial Magistrate, Kushi Nagar at Padrauna. 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 the 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 Sections is not made out against the applicants. 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 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 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.

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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/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.

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With the above observations, the application stands disposed of. Order Date :- 22.8.2019

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Sachdeva

Fariyad Ansari and 2 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Fariyad Ansari and 2 Others v. State of Up and Another

Case brief

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