Mayank Sharma and 2 Ors. v. State of U.P. and 2 Ors.
Case brief
What is this about?
The High Court refused to quash criminal proceedings instituted under various IPC sections. Dismissing arguments of malafide based on factual disputes not fit for inquiry under Section 482 Cr.P.C., the court directed that no coercive measures be taken for 45 days and allowed bail if applicants surrender within that period.
What did the court decide?
Applied for bail if applicants surrender within 45 days; for 45 days, no coercive measures shall be taken against them.
What the court decided
Court No. - 76
Case :- APPLICATION U/S 482 No. - 42630 of 2019
Applicant :- Mayank Sharma And 2 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Indra Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed to quash the order dated 13.09.2019 passed by Chief Judicial Magistrate, Agra, in Case Crime No.804 of 2018, under Sections 448, 323, 504, 506, 386 and 420 I.P.C. registered at Police Station Sadar Bazar, Agra, pending before Chief Judicial Magistrate, Agra.
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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
From a 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. 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 .
Issues for consideration
2 issues framed by the court
Whether the prosecution reveals an offence against the applicants warranting immediate procedural quashing.
Whether the applicants may be granted bail upon surrender within 45 days subject to case law principles.
Parties & counsel
- applicant
Mayank Sharma and 2 Ors
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/42630/2019
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