Allowed

Ravindra Kumar Tomar and 4 Others v. State of U.P. and Another

Allahabad HC9 Jan 2020A482/1049/2020

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing charge sheet and cognizance order. Court held no prima facie case non-existent. Allowed application and directed Court below to consider bail expeditiously if applicants surrender within one month.

What did the court decide?

No coercive action for one month or till surrender. Order to Court below to consider bail applications expeditiously.

Ravindra Kumar Tomar and 4 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 1049 of 2020

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Applicant :- Ravindra Kumar Tomar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Dhama Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Raj Kumar Dhama, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the charge sheet dated 21.11.2019 and cognizance order dated 02.12.2019 passed by Special Judge, POCSO Act, Saharanpur in Special Case No.218 of 2019, (Case Crime No.688 of 2019), under Sections 147, 148, 149, 323, 504, 506 and 452 IPC, Police Station Sadar Bazar, District Saharanpur and entire proceedings of the aforesaid case.

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Learned Counsel for the applicants submits that applicants are innocent. They have committed no offence and they have been falsely implicated in the present case. Lastly he submits that applicants are ready to approach the Court below for bail, therefore, they may be given some time to surrender before the Court below and a suitable direction be issued for considering their bail applications on same day, in accordance with law.

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On the other hand, learned AGA refuted the submissions made by learned Counsel for applicants and he has no objection to the aforesaid request regarding the direction of bail.

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Considering over all circumstances of the case and rival submissions made by learned Counsel for the parties, it cannot be said that no prima-facie case is made out. Submissions made at bar relates to dispute questions of fact, it cannot be considered by the court at this stage under Section 482 Cr.P.C.

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Present application is dispose of with a direction to the Court below to consider the bail application of the applicants expeditiously, in accordance with law, and keeping in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in

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Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151. If applicants surrenders and applies for bail within a period of one month from today.

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For a period of one month from today or till their surrender 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, appropriate action shall be taken against them, in accordance with law.

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Order Date :- 9.1.2020 I.A.Siddiqui

Ravindra Kumar Tomar and 4 Others v. State of U.P. and Another

Case brief

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Ravindra Kumar Tomar and 4 Others v. State of U.P. and Another

Case brief

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