Disposed

Smt. Nisha Katiyar and Anr. v. State of U.P. and Anr.

Allahabad HC25 Mar 2019A482/7327/2019

Case brief

AI extract

What is this about?

This Criminal Misc. Application sought to quash criminal proceedings under Section 506 IPC. The court disposed of the application by directing the lower court to extend interim bail upon surrender within 30 days and adhering to the Supreme Court's directives on speedy disposal of under-trial cases.

What did the court decide?

Extension of interim bail directed if applicants surrender within 30 days; strict timelines for disposal of bail applications directed.

Smt. Nisha Katiyar and Anr. Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2019)

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Court No. - 67

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Case :- APPLICATION U/S 482 No. - 7327 of 2019

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Applicant :- Smt. Nisha Katiyar And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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

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By means of the present 482 Cr.P.C. application, the prayer sought by the applicants is to quash the entire criminal proceeding of Case No.2469 of 2018 arising out of case crime no.68 of 2018, under Section 506 IPC as well as charge sheet no.130 of 2018 dated 11.04.2018, Police Station-Kotwali Kannauj, District-Kannauj(State Vs. Nahar Singh and others).

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The contention raised by learned counsel for the applicants is that the FIR was registered by one Neeraj(land lord) against the applicants and other co-accused Nahar Singh(constable) who is the tenant. There was dispute between Nahar Singh and opposite party no.2. The applicants have no concern with the tussel between Nahar Singh and opposite party no.2. The only sin committed by the applicants is that he has given shelter to Nahar Singh for few days and only on this ground, the police has submitted the charge sheet under Section 506 IPC against the applicants. There is no specific allegation against the applicants. This fact cannot be disputed that this is the bailable offence.

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Considering the entire facts and circumstances of the case and the arguments advanced, in the fitness of circumstances, this 482 Cr.P.C. application stands disposed of with the direction that the court below would extend the benefit of interim bail (in a given case, it is discretion of the court concerned) as contemplated in the law laid down 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. after the applicants surrender within 30 days before the court and if his bail application is filed, the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702, relevant extract of which reads as under :-

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"….......Judicial service as well as legal service are not like any other services. They are missions for serving the society. The mission is not achieved if the litigant who is waiting in the queue does not get his turn for a long time"....... "Decision of cases of under-trials in custody is one of the priority areas. There are obstructions at every level in enforcement of right of speedy trial; vested interests or unscrupulous elements try to delay the proceedings"....... "In spite of all odds, determined efforts are required at every level for

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success of the mission"..... "The Presiding Officer of a court cannot rest in a state of helplessness. This is the constitutional responsibility of the State to provide necessary infrastructure and of the High Courts to monitor the functioning of subordinate courts to ensure timely disposal of cases."

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To satiate speedy disposal of the cases, the courts below are issued following directions in accordance with the observations made in the case of Hussain and another (Supra) :

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(i)Bail applications be disposed of normally within one week :

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(ii) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years. (iii).......................................................................................................; (iv)......................................................................................................."

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The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.

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For the period of 30 days from today, no coercive action shall be taken against the applicants in the aforementioned case.

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It is made clear that no time extension application would be entertained for extending the period of 30 days.

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The ratio mentioned above is the last word for every judicial officers for abiding with the directions of the Hon'ble Apex Court. In the aforesaid scenario, it would be pertinent to refer the case of Brahm Singh and others Vs. State of U.P. and others decided on 08.07.2016 in Criminal Misc. Writ Petition No.15609 of 2016 whereby co-ordinate Bench of this Court, while taking into account the concerns of most of the counsels with regard to the long pending bail applications at lower courts' stage has expressed their anguish and concern.

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In the aforesaid backdrop, learned Sessions Judge/the concerned Trial Judge is directed to ensure that the guidelines given in the case of Hussain and another (supra) as well as in Brahm Singh and others(Supra) has to be carried out in its letter and spirit, failing which an adverse inference would be drawn against the erring officers and this Court would be compelled to take appropriate action against them, if found that there is laxity in adhering the above directions.

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In the event, the bail application is not decided within seven days as contemplated above, the learned Judge will have to spell out the justifiable reasons and record the same on the order sheet of such cases.

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The applicants, if so advised, may file discharge application and the same may be decided in accordance with law.

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With the aforesaid observations, the present 482 Cr.P.C. application stands disposed of.

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Order Date :- 25.3.2019

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Sumit S

Smt. Nisha Katiyar and Anr. v. State of U.P. and Anr.

Case brief

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Smt. Nisha Katiyar and Anr. v. State of U.P. and Anr.

Case brief

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