Dismissed

Smt. Jagrani v. State of U.P. and Another

Allahabad HC24 May 2019CRLA/3064/2019

Case brief

AI extract

What is this about?

The High Court dismissed the criminal appeal filed under Section 14(2) of the SC/ST Act challenging the summoning order. Holding that disputed facts cannot be considered at the quashing stage, the court refused to quash the proceedings but directed that the appellant be permitted to surrender and apply for bail expeditiously.

What did the court decide?

Prayer for quashing refused. Direction to appear and surrender within four weeks to seek bail; no coercive action against appellant during this period.

Smt. Jagrani Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3064 of 2019

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Appellant :- Smt. Jagrani Respondent :- State Of U.P. And Another Counsel for Appellant :- Shailesh Singh Yadav Counsel for Respondent :- G.A.,Jayant Kumar

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the summoning order dated 26.11.2018 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Kanpur Dehat in Complaint Case no. 167 of 2018, under Sections 323, 504, 506, 392 I.P.C. and Section 3(2)V SC/ST Act, P.S. Akbarpur, districtKanpur Dehat, whereby appellant has been summoned in the aforesaid sections.

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Learned counsel for the appellant contended that no offence is made out against the appellant and he has been falsely implicated in the present case with the ulterior intention of harassing him.

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Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.

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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 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. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got right of discharge under Sections 239, 245 or 227 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 proceeding as well as order dated 26.11.2018 is refused.

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However, it is directed that in case the appellant appears and surrenders before the court below within four weeks from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in the light of the 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 . in accordance with law after

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hearing the public prosecutor.

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For a period of four weeks from today, no coercive action shall be taken against the appellant. However, in case, the appellant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this appeal stands dispose of.

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Order Date :- 24.5.2019 Faridul

Smt. Jagrani v. State of U.P. and Another

Case brief

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Smt. Jagrani v. State of U.P. and Another

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