Dismissed

Ram Kuber and 4 Others v. State of Up and Another

Allahabad HC30 Sept 2019A482/30162/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash prosecution was dismissed as prima facie case existed. High Court directed lower court to decide bail application expeditiously within 30 days without coercive action during that period.

What did the court decide?

Prayer for quashing refused; direction given to consider bail application expeditiously within 30 days of surrender; no coercive action for that period.

Ram Kuber and 4 Others Vs State of Up and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 73 Case :- APPLICATION U/S 482 No. - 30162 of 2019 Applicant :- Ram Kuber And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shishir Kumar Srivastava Counsel for Opposite Party :- G.A.,Jagdish Prasad Tripathi,Urmila Tripathi

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Hon'ble Om Prakash-VII,J.

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Vakalatnama and supplementary affidavit filed today on behalf of the applicant by Sri D. B. Mishra, learned Advocate and affidavit filed by learned counsel for the opposite party no. 2 are taken on record

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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. 347 of 2017 (Abdul Hamid Vs. Ram Kuber and others), under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Pathra Bazar, District - Siddhartha Nagar arising out of summoning order dated 2.7.2019 pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Bansi, Siddharth Nagar, Siddharth Nagar. 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 entire allegations levelled against the applicants in the complaint are false. Concerned Magistrate while passing the summoning order did not consider the facts and evidence in right perspective. It is also argued that gun license as well as the record of Khatauni are in the name of the applicants Subhash son of Ram Dular. Other documents annexed with the complaint are forged and fake documents and were falsely prepared only to prosecute the applicants. It is next contended that aforesaid documents annexed with the complaint were prepared on the behest of the village Pradhan concerned. No prima facie case is made out.

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Learned A.G.A. as well as learned counsel appearing for the opposite party no. 2 argued that there is no illegality or infirmity in the impugned order. Prima facie case is made out Subhash is son of Ram Kuber but in some documents he is shown himself as brother of Ram Kuber.

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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 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 :- 30.9.2019 Sachdeva

Ram Kuber and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ram Kuber and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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