Dismissed

Ashok Kumar Singh and Another v. State of Up and Another

Allahabad HC1 Apr 2019A482/8633/2019

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash criminal proceedings for alleged offences under Sections 323, 504, 506, and 308 IPC, the court held that no offence is barred and refused the prayer for quashing. The court directed the applicants to appear and surrender within 45 days to have their bail considered expeditiously without coercive action in the interim.

What did the court decide?

Prayer for quashing of proceedings refused; direction to surrender within 45 days for expeditious bail consideration.

Ashok Kumar Singh and Another Vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 17... Case :- APPLICATION U/S 482 No. - 8633 of 2019 Applicant :- Ashok Kumar Singh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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

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This application under Section 482, Cr.P.C. has been filed for quashing the charge sheet dated 10.11.2018, cognizance order dated 7.1.2019 and the entire proceedings of case No. 2 of 2019 arising out of case crime no. 0116 of 2018, under Sections 323,504, 506,308 I.P.C. police station Chiraiyakot, district Mau, pending in the court of Judicial Magistrate, Mau.

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The contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.

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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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

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The prayer for quashing the proceedings, charge sheet and cognizance order is refused.

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However, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, then the bail application of the applicant be considered and decided expeditiously and preferably in view of the settled law laid by Hon'ble Supreme Court. For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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

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Order Date :- 1.4.2019 / A. Pt. Singh

Ashok Kumar Singh and Another v. State of Up and Another

Case brief

What is this about?

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Ashok Kumar Singh and Another v. State of Up and Another

Case brief

What is this about?

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