Dismissed

Uma Shankar Singh Alias Uma Shankar Singh Thakur and 2 Ors. v. State of U.P. and Anr.

Allahabad HC2 May 2019A482/4135/2019

Case brief

AI extract

What is this about?

The Single Judge refused to quash the FIR under Section 482 Cr.P.C., holding disputed facts cannot be adjudicated at this stage. Accused must apply for discharge in trial court. Four weeks respite granted for surrender and bail application.

What did the court decide?

Application to quash FIR and proceedings refused; four weeks respite for surrender and bail application granted.

Uma Shankar Singh Alias Uma Shankar Singh Thakur… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 4135 of 2019

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Applicant :- Uma Shankar Singh Alias Uma Shankar Singh Thakur And 2 Ors Opposite Party :- State Of U.P. And Anr

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Counsel for Applicant :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed today is taken on record.

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

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The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the impugned F.I.R. dated 4.6.2017 as well as entire proceeding of Special Case No. 7842 of 2018(State Vs. Uma Shankar Singh Thakur and others), arising out of Case Crime no.285 of 2017, under Sections 147, 148, 149, 323, 504, 506 I.P.C. and Section 3(1)(D) SC/ST Act, P.S. Panki, districtKanpur Nagar, pending in the Court of learned S.C./S.T. Act, Kanpur Nagar.

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The contention of learned 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.

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Learned A.G.A. submitted that 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. 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. Moreover, the applicants have got a right of discharge through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court including those which have been canvassed by him before this Court in this application.

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At this stage, this Court is not in a position to weight the factual matrix of the case properly and accused has a right against summoning order to file a discharge application before the trial court raising all the grounds/grievances which have been taken in this application or which may have been taken, the trial court shall decide the discharge application as per law.

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The prayer for quashing the proceeding is refused.

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However, it is directed that in case the appellants-applicants appear and surrender before the court below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided expeditiously

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in the light of the 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 . in accordance with law after hearing the public prosecutor.

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For a period of four weeks from today, no coercive action shall be taken against the appellants-applicants. However, in case, the appellantsapplicants 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 :- 2.5.2019 Mini

Uma Shankar Singh Alias Uma Shankar Singh Thakur and 2 Ors. v. State of U.P. and Anr.

Case brief

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Uma Shankar Singh Alias Uma Shankar Singh Thakur and 2 Ors. v. State of U.P. and Anr.

Case brief

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