Partly allowed

Gaya Prasad and Another v. the State of Up and Another

Allahabad HC24 Oct 2019A482/37734/2019

Case brief

AI extract

What is this about?

The High Court rejected the plea to quash criminal proceedings under section 482 Cr.PC, finding a prima facie case. The court directed that no coercive action be taken if applicants surrender and seek bail within 30 days, providing clear conditions for bail consideration.

What did the court decide?

Application for quashing refused. No coercive action against applicants if they surrender and apply for bail within 30 days; bail to be decided by lower court based on settled law.

Gaya Prasad and Another Vs the State of Up and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 37734 of 2019 Applicant :- Gaya Prasad And Another Opposite Party :- The State Of Up And Another Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary Affidavit filed today by learned counsel for the applicants is taken on record.

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Heard Sri Vinod Singh, learned counsel for the applicants, Sri Sanjay Singh, learned AGA - I, for the State.

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This application has been filed under section 482 Cr.PC with a prayer seeking stay/quashing of the entire Criminal Proceeding of Charge Sheet dated 20.12.2013 in Case Crime No. 898 of 2012, under section 3/7 of E.C. Act, Police Station- Konch, District- Jalaun and also quash the cognizance dated 18.5.2019 taken by the CJM, Jalaun at Orai.

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The contention of learned counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.

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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 submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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.

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With the above directions, present application is disposed off.

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Order Date :- 24.10.2019/ssm

Gaya Prasad and Another v. the State of Up and Another

Case brief

What is this about?

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Gaya Prasad and Another v. the State of Up and Another

Case brief

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What did the court decide?

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