Disposed

Jaibhagwan and 10 Others v. State of U.P. and Another

Allahabad HC2 Dec 2019A482/41263/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking to quash the charge-sheet and warrant in a criminal case. The court refused the quashing prayer finding no prima facie case, noting the closure report will be dealt with by the same court. The court granted a 30-day immunity from coercive actions if applicants surrender and apply for bail.

What did the court decide?

The application to quash the proceedings is refused. Coercive action is stayed for 30 days conditional upon surrender and bail application.

Jaibhagwan and 10 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 41263 of 2019

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Applicant :- Jaibhagwan And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap,Anurag Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard Sri Mahendra Pratap, learned counsel for the applicants and the learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet and non-bailable warrant order dated 27.9.2019 as well as the entire proceedings of Case No.4219 of 2015 arising out of Case Crime No.138A of 2015 under Sections 147, 323, 354-B, 504 IPC, Police Station Khekra, District Baghpat pending in the Court of Chief Judicial Magistrate, Baghpat.

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In this matter, initially, after investigation, charge-sheet was submitted. Thereafter, cognizance was taken on 7.6.2015. Again further investigation was made in the matter under section 173 (8) Cr.P.C. and closure report / final report was submitted. Learned counsel for the applicants submitted that proceedings of both the cases are going on independently in the same court. Process of non-bailable warrant has been issued on the charge-sheet against the applicants.

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Learned A.G.A. submitted that since investigation report submitted under section 173 (8) Cr.P.C. will be dealt with by the court concerned where charge-sheet is pending and cognizance has already been taken. Therefore, prayer made in the application cannot be allowed.

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Having regard to the facts and circumstances of the case, hearing the parties and going through the entire record, this application is disposed of finding no prima facie case to quash the entire proceedings of the aforesaid criminal case, as further investigation report shall be dealt with by the court concerned simultaneously in the charge-sheet case as per settled law. The prayer made in the application is refused.

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However, 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 against the applicants.

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

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With the above observations, the application stands disposed of.

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Order Date :- 2.12.2019 ss

Jaibhagwan and 10 Others v. State of U.P. and Another

Case brief

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Jaibhagwan and 10 Others v. State of U.P. and Another

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