Dismissed

Amar Nath Singh and 4 Ors. v. State of U.P. and Another

Allahabad HC28 Mar 2019A482/8726/2019

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR and proceedings in a criminal case under Section 482 CrPC, holding that disputed questions of fact could not be adjudicated. However, the court directed the court below to consider bail expeditiously if applicants surrendered within 30 days, barring coercive action during this period.

What did the court decide?

Application refused; liberty granted to apply for bail within 30 days without coercive action.

Amar Nath Singh and 4 Ors. Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 17 ... Case :- APPLICATION U/S 482 No. - 8726 of 2019 Applicant :- Amar Nath Singh And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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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 17.7.2015 and the entire proceedings of criminal case No. 27705 of 2016 arising out case crime no. 110 of 2015, under Sections 147, 323, 504, 506 I.P.C. and Section 3 (1) X of the S.C./S.T. Act, police station Mahrajpur, district Kanpur Nagar.

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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 charge sheet and proceedings is refused.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered and decided expeditiously and preferably on the same day in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 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 :- 28.3.2019

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A. Pt. Singh

Amar Nath Singh and 4 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Amar Nath Singh and 4 Ors. v. State of U.P. and Another

Case brief

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