Dismissed

Prashant Kumar and 02 Others v. State of Up and Another

Allahabad HC28 Mar 2019A482/8749/2019

Case brief

AI extract

What is this about?

The High Court refused the application under Section 482 Cr.P.C. to quash criminal proceedings for alleged domestic violence and wrongful restraint. It held that disputed questions of fact preclude quashing at this stage, noting the applicant's statutory right to apply for discharge under the Cr.P.C. in the trial court.

What did the court decide?

Quashing of criminal proceedings refused; 30-day grace period granted for appearance and bail application.

Prashant Kumar and 02 Others Vs State of Up and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 8749 of 2019

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Applicant :- Prashant Kumar And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shyam Sunder Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of criminal case no.1596 of 2018 (State vs. Prashant Kumar and others), case crime no.357 of 2017, u/s 498 A, 323 IPC and 3/4 D.P. Act, police station Pahasu, district Bulandshahar, pending in the court of ACJ (S.D.)/Additional Chief Judicial Magistrate, Khurja, District Bulandshahar.

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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 purposes of harassment.

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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 relate 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 under Section 239 or 227/228 or 245 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 entire 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 applicants be considered and decided expeditiously, preferably on the same day in view of the law propounded by Hon'ble Apex 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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m.a.

Prashant Kumar and 02 Others v. State of Up and Another

Case brief

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Prashant Kumar and 02 Others v. State of Up and Another

Case brief

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