Single judge quashed criminal proceedings under Section 482 Cr.P.C. Application refused quashing. Applicants directed to surrender within 60 days for bail consideration. No coercive action during this period.
Application for quashing dismissed. Applicants directed to surrender and apply for bail within 60 days to avoid coercive action.
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Court No. - 2
Case :- APPLICATION U/S 482 No. - 14551 of 2020 Applicant :- Rukam Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Kartikey Singh, learned counsel the applicants, Sri R.K. Srivastava, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Case No.807 of 2019 (State Vs. Rakam Singh and another) arising out of Case Crime No.86 of 2019, under Sections 323, 354, 452, 504 I.P.C., Police Station Baldev, District Mathura.
After having heard the learned counsel for the parties and perused the impugned order as well as the material brought on record, I am of the view that no good ground is made out for quashing the entire proceedings of aforesaid case. The prayer for quashing the same is hereby refused.
However, it is directed that in case the applicants appear and surrender before the court below within sixty days from today and apply for bail, their prayer for bail shall be considered and decided 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of sixty days from today, no coercive action will be taken against the applicants.
In case, the applicants do not appear before the Court below within the aforesaid period, trial Court is free to take coercive action against them.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid observations, the application stands disposed of.
Order Date :- 6.10.2020/Anil K. Sharma
1 issue framed by the court
Whether the criminal proceedings under Sections 323, 354, 452, 504 IPC ought to be quashed on the facts of the case.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶7
_Amrawati and another Vs. State of U.P._ reported in _2004 (57) ALR 290_
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶7
_2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P._
1 provisions across 1 enactments
Rukam Singh and Another
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
