Disposed

Subhash Chandra v. State of Up and Another

Allahabad HC1 Feb 2019A482/3908/2019

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. seeking quashing of further proceedings and stay of Criminal Case No. 551 of 2018. The court observed no case was made out for interference but allowed a two-month window for the applicant to surrender and apply for bail, after which coercive action would be stayed.

What did the court decide?

Application disposed; two months allowed for surrender and bail application; no coercive action during this period.

Subhash Chandra Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 50

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Case :- APPLICATION U/S 482 No. - 3908 of 2019

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Applicant :- Subhash Chandra Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by Hon'ble the Chief Justice vide order dated 31.1.2019.

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Heard learned counsel for the applicant and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the further proceeding of Criminal Case No. 551 of 2018 (State Vs. Subhash Chandra) arising out of Charge Sheet dated 31.3.2018 in Case Crime No. 137 of 2018, under Sections 332, 506 IPC, Police Station Ajeetmal, District Auraiya, pending in the court of Civil Judge (Senior DivionF.T.C.) Auraiya and to stay the entire proceeding of the case.

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Learned counsel for the applicant submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.

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Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.

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From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicant.

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Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.

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However, it is observed that in case the applicant surrenders and applies for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicant.

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It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.

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With the above observations, the application stands disposed of.

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After obtaining bail, if the applicant filed a discharge application before the court concerned, it is expected that the court concerned shall consider and decide the same on merit by speaking and reasoned order, as expeditiously as possible. Order Date :- 1.2.2019 A. Singh

Subhash Chandra v. State of Up and Another

Case brief

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Subhash Chandra v. State of Up and Another

Case brief

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