Disposed

Devendra v. State of U.P. and Another

Allahabad HC17 Dec 2020A482/18317/2020

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings initiated under Sections 420, 467, 468, and 471 IPC. Instead of dismissing the application, the court directed the applicant to surrender within 45 days, ensuring the lower court decides the bail application with a reasoned order in accordance with specific Supreme Court precedents within a stipulated timeframe.

What did the court decide?

The application is disposed of; the court directs the applicant to surrender within 45 days and orders the lower court to decide the bail application within a specific time frame with a reasoned order

Devendra Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 93

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Case :- APPLICATION U/S 482 No. - 18317 of 2020

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Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aamir,Neeraj Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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This application u/s 482 Cr.P.C. has been preferred seeking the quashing of entire proceedings of charge sheet dated 5.10.2019 (arising out of case crime no.0201/2019) under Section 420, 467, 468, 471 IPC Police Station Agauta, District Bulandshahar.

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The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.

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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 applicant. 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.

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After arguing the case for quite some time at length and pitted against certain observations made by the Court, learned counsel for the applicants themselves have given up to address the Court on merits of the case and prayed, that the purpose of his clients would suffice, if a direction may be given to the courts below to decide his bail application within specific time frame.

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At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire proceedings of the aforesaid case is refused.

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Considering the entire facts and circumstances of the case and

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the arguments advanced by the learned counsel for the applicants and after perusal of record, this Court is of the opinion that in the interest of justice, this application stands disposed of with the direction that the court below would consider the bail application of the applicant as contemplated in the law laid down by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC), after the applicant surrenders within 45 days from today before the court below and if his bail application is filed, the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India, (2017) 5 SCC 702.

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With the aforesaid observations, the present application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 17.12.2020 SP/mt

Devendra v. State of U.P. and Another

Case brief

What is this about?

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Devendra v. State of U.P. and Another

Case brief

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