Disposed

Komal Sharma and 4 Others v. State of U.P. and Another

Allahabad HC18 Dec 2019A482/44276/2019

Case brief

AI extract

What is this about?

The High Court refused the application to quash criminal proceedings under Section 482 Cr.P.C. as factual disputes precluded adjudication. However, the Court granted a 45-day stay on coercive measures and directed that bail applications, if filed within that period, be considered in light of Supreme Court precedents.

What did the court decide?

45-day stay on coercive measures; bail applications filed within 45 days to be considered.

Komal Sharma and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 44276 of 2019

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Applicant :- Komal Sharma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghanshyam Das Mishra,Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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

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The present 482 Cr.P.C. application has been filed to quash the impugned order dated 21.06.2019 passed by A.C.J.M. Court No.2 Agra on the charge sheet in Criminal Case No. 2416655 of 2019 (State Vs. Komal Sharma and others) arising out of Case Crime No. 774 of 2017 under Sections 420 and 406 I.P.C., Police Station Achhanera, District Agra, pending in the Court of A.C.J.M. Court No.2 Agra.

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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 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.

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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. 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 .

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The prayer for quashing the impugned order is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 45 days from today and

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apply for bail, their prayer for bail shall be considered and decided in view of the settled 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.

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For a period of 45 days, no coercive measure shall be taken against the applicants in the aforesaid case.

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With the aforesaid directions, this application is finally disposed of .

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Order Date :- 18.12.2019 Md Faisal

Komal Sharma and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Komal Sharma and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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