Deepak Sharma Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

Deepak Sharma Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed; however, it is directed that if the applicant surrenders before the court below and applies for bail within 30 days, the same shall be considered and decided in view of the settled law; for a period of 30 days no coercive action shall be taken/given effect to against the applicant; no further time will be allowed for surrender before the court concerned.

Issue for consideration

Whether the charge sheet and the proceedings of Criminal Case No. 4427 of 2015 (State Vs. Deepak Sharma and others), arising out of Crime No. 1001 of 2013, pending before the Additional Chief Judicial Magistrate-I, Budaun, are liable to be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

Since the applicant had earlier obtained bail and was participating in the trial, the present application under Section 482 Cr.P.C., on the grounds mentioned in the affidavit, is not liable to be allowed.

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. seeking quashing of the charge sheet and proceedings of Criminal Case No. 4427 of 2015 (State Vs. Deepak Sharma and others), arising out of Crime No. 1001 of 2013, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Kotwali Badaun, district Badaun, pending before the Additional Chief Judicial Magistrate-I, Budaun - Dismissed. The applicant had earlier approached the Court in Application U/S 482 No. 14545 of 2014, which was disposed of with a direction to surrender; he obtained bail and was participating in the trial, but having failed to appear on the date fixed, a bailable warrant was issued against him. Held: an applicant who has obtained bail and is participating in the trial cannot, on the grounds mentioned in the affidavit, seek quashing of the proceedings under Section 482 Cr.P.C. However, if the applicant surrenders before the court below and applies for bail within 30 days, the same shall be considered and decided in view of the settled law; for 30 days no coercive action shall be taken/given effect to against the applicant; no further time will be allowed for surrender. (Om Prakash-VII, J.)

Court No. - 74

Case :- APPLICATION U/S 482 No. - 2499 of 2020

Applicant :- Deepak Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Pandey,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet as well as proceedings of criminal case no. 4427 of 2015 (State Vs. Deepak Sharma and others) arising out of crime no. 1001 of 2013, under Sections 498-A, 323, 504, IPC and Section 3/4 D. P. Act, Police Station Kotwali Badaun, district Badaun pending in the court of Additional Chief Judicial Magistrate-I, Budaun. Further prayer has been made to stay the proceedings of the aforesaid case.

Applicant has earlier approached this Court through Application U/S 482 No. 14545 of 2014 and same was disposed of directing the applicant to surrender before the court concerned. It further appears that applicant has obtained bail and is participating in the trial. Since applicant did not appear before the court on the date fixed in the matter, hence bailable warrant has been issued against him.

Present application has been filed with the prayer to quash the entire proceedings. Since applicant has obtained bail earlier and was participating in the trial, present Application U/S 482 on the grounds mentioned in the affidavit is not liable to be allowed.

The application is dismissed.

However, it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.

Order Date :- 18.1.2020

Sachdeva