Disposed

Prashant Soni and 2 Ors. v. State of U.P. and Another

Allahabad HC17 Jul 2019A482/8902/2018

Case brief

AI extract

What is this about?

The diversion Bench rejected the application to quash the charge sheet under Section 482 Cr.P.C. but directed that no coercive measures be taken against the applicants for 30 days while they appear and surrender to seek bail.

What did the court decide?

Prayer to quash charge sheet refused. Directed that no coercive measure be taken against applicants for 30 days if they surrender to apply for bail.

Prashant Soni and 2 Ors. Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 8902 of 2018

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Applicant :- Prashant Soni And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Dur Vijay Singh

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Hon'ble Rajiv Joshi,J.

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

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The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet no. 461 of 2017 dated 17.11.2017 arising out of Case Crime No. 582 of 2017 (State Vs. Prashant Soni and others), under Sections- 498A, 377, 354 I.P.C. and 3/4 D.P. Act, Police Station- Gunnaur, District- Sambhal, pending in the court of learned Judicial Magistrate, 1st Badaun.

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Earlier, the matter was referred to Mediation Centre for settlement. However, report of the Mediation Center dated 10.08.2018 indicates that parties could not reach to a settlement/agreement.

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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 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 at this stage. 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 30 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 30 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 :- 17.7.2019 Akbar

Prashant Soni and 2 Ors. v. State of U.P. and Another

Case brief

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Prashant Soni and 2 Ors. v. State of U.P. and Another

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