Dismissed

Naresh Kumar @ Mantri and 3 Ors. v. State of U.P. and Another

Allahabad HC19 Nov 2019A482/41320/2019

Case brief

AI extract

What is this about?

The Court rejected the application to quash criminal proceedings initiated under IPC offences for assault, holding that disputed questions of fact preclude such relief under Section 482 Cr.P.C. Applicants were directed to surrender within 30 days to seek bail; coercive action would follow if they fail to comply.

What did the court decide?

Prayer for quashing refused. Directed to surrender and apply for bail within 30 days. No coercive action for 30 days.

Naresh Kumar @ Mantri and 3 Ors. Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 41320 of 2019

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Applicant :- Naresh Kumar @ Mantri And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Bhushan Singh,Mahendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceeding of Criminal Case No. 5487 of 2019, State Vs. Rajesh Kumar and others, arising out of case crime no. 386 of 2018, under section 323,504,324 I.P.C. P.S. Baghwala, District Etah, pending in the court of A.C.J.M. Court NO. 17, Etah.

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As per the allegations made in the N.C.R, it is alleged that on 23.7.2018 at about 5.00 p.m., the applicants assaulted the victim by kicks and fist and iron rod and Lathi and Danda due to which the victim suffered injuries and has been medically examined.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents 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 relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283 , the prayer for quashing the entire proceeding is refused.

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However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of 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 as well as

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judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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For a period of thirty days from today or till the applicants surrender and apply for 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 aforesaid directions, this application is finally disposed of.

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Order Date :- 19.11.2019

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Naresh Kumar @ Mantri and 3 Ors. v. State of U.P. and Another

Case brief

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Naresh Kumar @ Mantri and 3 Ors. v. State of U.P. and Another

Case brief

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