Dismissed

Ashok Kumar and 5 Others v. State of U.P. and Another

Allahabad HC30 Sept 2019A482/30598/2019

Case brief

AI extract

What is this about?

This applicant under Section 482 Cr.P.C. sought quashal of a complainant case arising from a domestic drainage dispute and requested stay of proceedings. The Single Judge rejected the petition, finding no infirmitiy or illegal in the summoning order and holding that no prima facie case was made out for immediate interference, while directing expeditious handling of bail applications upon surrender

What did the court decide?

Application for quashal refused. Direction issued for bail consideration upon surrender within 30 days without coercive action.

Ashok Kumar and 5 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 30598 of 2019

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Applicant :- Ashok Kumar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra,Ravindra Kumar Pandey,Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Vakalatnama and two supplementary affidavits filed by Sri Ashutosh Kumar Mishra, learned Advocate appearing on behalf of the applicants 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. 482 of 2016 (Dina Nath Pandey Vs. Ashok Kumar and others), under Sections 147, 323, 504, 452 IPC, Police Station Mau Aaima, District - Allahabad arising out of summoning order dated 1.5.2019 pending in the court of Special Chief Judicial Magistrate, Allahabad. 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 summoning order passed in the matter is illegal and without applying judicial mind. Both the parties are belonging to same pedigree. There was dispute between them regarding drainage. Civil suit is also pending. It is also argued that entire family members have been roped in this matter on the basis of false facts. Continuation of the aforesaid complaint is abuse of process of law.

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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 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

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Sachdeva

Ashok Kumar and 5 Others v. State of U.P. and Another

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Ashok Kumar and 5 Others v. State of U.P. and Another

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