Yaspal Singh v. State of U.P.and Another
Case brief
What is this about?
The court refused to quash the criminal proceedings but granted a 45-day stay on coercive action, provided the applicant surrenders and applies for bail within that period.
What did the court decide?
Prayer to quash proceedings refused. Coercive action stayed for 45 days if applicant surrenders and applies for bail.
What the court decided
A compact analysis
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 13364 of 2020
Applicant :- Yaspal Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dharmendra Prasad Singh,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The petitioner seeks to challenge the proceedings of Criminal Case No.1431 of 2018, State Vs. Yashpal Singh, arising out of NCR No.0032 of 2017, under Sections 323, 504, 427, IPC, Police Station Baheri, District Bareilly. Upon a perusal of the material on record, this Court finds that, prima facie, on the basis of material on record the Trial Court has taken cognizance and proceeded. It is argued by learned counsel for the applicant that the incident reported to the police is one that has been precipitated on account of a dispute between the family members, relating to their agricultural holdings. The prosecution is designed to browbeat the application by abuse of process of Court.
Be as it may, there are some injuries sustained by the complainant and definitive allegations, which on investigation, have been found to be proved and worth charge-sheeting the applicant. The Magistrate has taken cognizance. In case the applicant thinks that the charges are groundless, it will be open to him to make an application under Section 239 Cr.P.C., and seek discharge. If that application is made, the Trial Court shall dispose of the same in accordance with law, without being influenced by anything said in this order. So far as the prayer for the proceedings to be quashed is concerned, this Court is of opinion that the said prayer cannot be granted. The prayer to quash the proceedings is, accordingly, refused.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings against the applicant can be quashed on the grounds of dispute precipitating the incident.
Whether coercive action should be stayed pending the applicant's surrender and bail application.
Parties & counsel
- applicant
Yaspal Singh
- respondent
State Of U.P.
Coram
Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/13364/2020
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