Dismissed

Siraju and 3 Others v. State of Up and Another

Allahabad HC8 Mar 2019A482/9116/2019

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC seeking quashing of proceedings and summoning order, the court held that disputed facts preclude interference at this stage. Finding a prima facie case based on magistrate's record, the applicant's prayer was refused, though bail considerations were highlighted.

What did the court decide?

Prayer for setting aside proceedings and summoning order refused; application disposed of.

Siraju and 3 Others Vs State of Up and… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 23

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Case :- APPLICATION U/S 482 No. - 9116 of 2019

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Applicant :- Siraju And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Manish Singh, Advocate holding brief of Sri B.N. Singh, learned Counsel for applicants and learned AGA for State.

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This application under Section 482 Cr.P.C. has been filed for setting aside the proceedings of Complaint Case No. 36 of 2016 , (Pramod Kumar versus Siraju and others) pending in the Court of 2nd Additional Sessions Judge / Special Judge (SC/ST), Jalaun at Orai and summoning order dated 1.1.2019.

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Learned counsel for applicants contents that since the accused-applicants has already lodged an FIR against complainant, therefore, complainant - respondent no.2 has falsely moved an application under Section 156(3) Cr.P.C. against applicants which came to be registered as complaint case. Complaint has been filed by the respondent no.2 against applicants on malafide ground only for harassment and no case is made out against the applicants. He pointed out certain documents and statements in support of his contention. Lastly it is also contended that direction be issued to the Trial Court to consider the bail application as per established law.

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Per contra, learned AGA opposed the prayer.

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From the perusal of the material available on record and looking into the facts of the case, it appears that learned Magistrate, after recording the statements under Sections 200 and 202 Cr.P.C. find sufficient ground for proceeding and prima-facie case against accused-applicants, passed summoning order.

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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 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 the Apex Court in the cases

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of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.

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I am not inclined to interfere in the matter and prayer is refused.

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However, Trial Court is expected, while considering their bail, to bear in mind, established law by Hon'ble Apex Court and the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.

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In view thereof, application is disposed of. Order Date :- 8.3.2019 I.A.Siddiqui

Siraju and 3 Others v. State of Up and Another

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Siraju and 3 Others v. State of Up and Another

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