Disposed

Laxman Singh and 2 Others v. State of U.P. and Another

Allahabad HC17 Dec 2019A482/46431/2019

Case brief

AI extract

What is this about?

The court refused the application to quash criminal proceedings under Section 482 Cr.P.C. as factual disputes precluded early adjudication. However, the court directed that if the applicants appear and surrender within 45 days to apply for bail, their prayer will be considered. No coercive action shall be taken for 45 days.

What did the court decide?

No coercive measure to be taken for 45 days; bail prayer to be considered if applicants surrender within 45 days.

Laxman Singh and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 46431 of 2019 Applicant :- Laxman Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Sri Abhishek Mishra, Advocate, has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record.

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Heard Sri Mahendra Prasad Mishra, learned counsel for the applicants, Sri Abhishek Mishra, learned counsel for opposite party no.2, Sri Prashant Kumar, 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 17.10.2019 passed by learned Additional Session Judge, Court No.8, Aligarh in Session Trial No.580/2018 (State Vs. Lekhraj @ Chhotoo), arising out of Case Crime No.169/2018, under Sections 363, 366 I.P.C., Police Station Gonda, District Aligarh, by which the applicants have been summoned to face trial along with co-accused Lekhraj @ Chhotoo.

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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 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 .

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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 of the case, it is directed that in case the applicants appear and surrender before the court below within 45 days from today and 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 :- 17.12.2019 Anand Sri./-

Laxman Singh and 2 Others v. State of U.P. and Another

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Laxman Singh and 2 Others v. State of U.P. and Another

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