Dismissed

Mool Chandra and 3 Others v. State of U.P. and Another

Allahabad HC7 Nov 2019A482/36068/2019

Case brief

AI extract

What is this about?

Court refused to quash an order and proceedings in Section 323/452 IPC complaints. No offence disclosed solely on defence allegations. Directed applicants to surrender for bail consideration within 30 days; no coercive action during this period.

What did the court decide?

Prayer for quashing refused; applicants directed to surrender for bail within 30 days; no coercive action for this period.

Mool Chandra and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 41

¶2

Case :- APPLICATION U/S 482 No. - 36068 of 2019

¶3

Applicant :- Mool Chandra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Bachchoo Lal,J.

¶5

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶6

The present application under section 482 Cr.P.C. has been filed for quashing the order dated 16.8.2019 passed by Judicial Magistrate, Jalaun at Orai as well as entire proceeding of Complaint Case No. 377 of 2019 (Bhag Chandra Vs. Mool Chandra & others) under section 323, 452 IPC, P.S. Dakor, District Jalaun.

¶7

The contention of the 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.

¶8

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 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.

¶9

Considering the facts and circumstances of the case, I do not find any ground to quash the order dated 16.8.2019 passed by Judicial Magistrate, Jalaun at Orai as well as entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

¶10

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and

¶11

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 judgement 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 :- 7.11.2019 Masarrat

Mool Chandra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mool Chandra and 3 Others v. State of U.P. 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

Ajay Sahani Vs State of U.P. and Another

Sanjay Shrivas Vs State of U.P.

Gopal Dharikar Vs State of U.P.

Faizan Vs State of U.P.

Ragib Vs State of U.P.

Manoj Sonkar and Another Vs State of U.P. and Another