Dismissed

Pramod Kumar and Another v. State of Up and Another

Allahabad HC22 Oct 2019A482/33536/2019

Case brief

AI extract

What is this about?

Court refused to quash the summoning order and proceedings in a criminal complaint under Sections 323, 504, and 452 IPC. Applicants directed to appear for bail within 30 days; stay on coercive action granted pending that period. Application disposed of with court fees waived.

What did the court decide?

Refused quashing of summoning order. Granted liberty to inspect records for bail application within 30 days. Stayed coercive action during that period.

Pramod Kumar and Another Vs State of Up and… — Civil Procedure and Limitation | Allahabad HC (2019)

¶1

Court No. - 41

¶2

Case :- APPLICATION U/S 482 No. - 33536 of 2019

¶3

Applicant :- Pramod Kumar And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Subedar Mishra

¶4

Hon'ble Bachchoo Lal,J.

¶5

Short counter affidavit filed on behalf of the opp. party no. 2 is taken on record.

¶6

Heard learned counsel for the applicants, learned counsel for the opp. party no. 2, learned A.G.A. for the State and perused the record.

¶7

The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 8.8.2019 passed by learned A.C.J.M. Court no. 8, Farrukhabad in Complaint case no. 3830 of 2019 as well as entire proceedings of the aforesaid complaint case, under Section 323, 504 and 452 IPC, P.S. Rajepur, District Farrukhabad.

¶8

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

¶9

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 applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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.

¶10

Considering the facts and circumstances of the case, I don't find any ground to quash the summoning order dated 8.8.2019 as well as entire proceedings of the aforementioned case, therefore, the prayer for quashing the same is hereby refused

¶11

However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants 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 judgment 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 applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

¶12

With the aforesaid directions, this application is finally disposed of.

¶13

Order Date :- 22.10.2019

¶14

Gss

Pramod Kumar and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Pramod Kumar and Another 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Telak Dharee Vs State

Manmohan Vs State of U.P.

Islam Vs State of U.P.

Gangesh Yadav Vs State of U.P. and 2 Ors.

Ram Kishan and 3 Others Vs State of Up and Another

Rinku Vs State of U.P.and Another