Disposed

Ram Babu v. State of U.P. and Another

Allahabad HC16 Dec 2019A482/45547/2019

Case brief

AI extract

What is this about?

The High Court refused to quash the charge sheet or the criminal proceedings against the applicant, noting that disputed factual matters require full trial. However, the Court directed suspension of coercive measures for 45 days and ordered that bail be reconsidered if the applicant surrenders and applies within that period.

What did the court decide?

Prayer to quash case refused. No coercive measures for 45 days. If applicant surrenders and applies for bail, bail to be considered.

Ram Babu Vs State of U.P. and Another — Contract and Commercial Disputes | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 45547 of 2019

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Applicant :- Ram Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Sri P.K. Singh, Advocate has filed his Vakalatnama on behalf of the opposite party no. 2 in Court today is taken on record.

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

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 22.06.2019 as well as the entire proceedings of Case No. 36102 of 2019 (State Vs. Ram Babu and another), arising out of Case Crime No. 0334 of 2019, under Sections- 420, 468, 467, 472, 448, 504, 506, 34 I.P.C., Police Station- Naubasta, District- Kanpur Nagar, pending in the court of learned Additional Chief Metropolitan Magistrate II, Kanpur Nagar.

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The contention of learned counsel for the applicant is that no offence against the applicant 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 applicant 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 applicant at this stage. 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 entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances

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of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his 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 applicant in the aforesaid case.

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

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Order Date :- 16.12.2019

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Priya

Ram Babu v. State of U.P. and Another

Case brief

What is this about?

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Ram Babu v. State of U.P. and Another

Case brief

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