Dismissed

Pramod Kumar @ Manoj Kumar v. State of U.P. and Another

Allahabad HC9 Dec 2020A482/18417/2020

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of proceedings, the High Court dismissed the prayer to quash. The court directed that if the applicant surrenders within 30 days and applies for bail, the matter will be decided citing Supreme Court precedents, and granted no coercive action during this period.

What did the court decide?

Application to quash proceedings dismissed; applicant granted 30 days to surrender without coercive action, with bail to be considered thereafter.

Pramod Kumar @ Manoj Kumar Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case : - APPLICATION U/S 482 No. - 18417 of 2020

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Applicant :- Pramod Kumar @ Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant : - Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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This application U/S 482 Cr.P.C. has been filed seeking quashing of the chargesheet dated 24.03.2015 and cognizance order dated 08.03.2016 passed by learned C.J.M. Varanasi and entire Criminal Proceedings of Criminal Case No.3171 of 2017 (State of U.P. Vs. Pramod Kumar @ Manoj Kumar) under Section 419,420, 406, 504, 506 I.P.C., P.S. sigara Varanasi, District Varanasi, pending before learned C.J.M., Varanasi.

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Learned counsel for the applicant submits that the entire proceeding initiated against the applicant are an abuse of process of law as no case is made out against the applicant. Learned Counsel for the applicant submitted that the learned Magistrate without applying his judicial mind has taken cognizance. From the statement recorded under Section 161 Cr.P.C. and the version of the F.I.R. no case is made out against the applicant and cognizance order passed by the learned C.J.M. is illegal and arbitrary.

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The I.O. without having any evidence against the applicants has submitted charge-sheet and after the charge-sheet, the applicant did not receive any notice about the charge-sheet. Learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceeding as have been made in the application nor is inclined to press the prayer seeking stay of the summoning order and the proceeding. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.

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Heard learned AGA and perused the record.

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In view of the submission made by the learned counsel for the applicant the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.

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However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled 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.

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For a period of 30 days from today, no coercive action shall be taken against the applicant. However, in case, the applicant 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 observations, this application is finally disposed off.

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Order Date :- 9.12.2020 S.P.

Pramod Kumar @ Manoj Kumar v. State of U.P. and Another

Case brief

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Pramod Kumar @ Manoj Kumar v. State of U.P. and Another

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