Dismissed

Brahmdev Chaudhary and Another v. State of U.P. and Another

Allahabad HC20 Jan 2020A482/2588/2020

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash proceedings alleging offences under IPC and the Criminal Law Amendment Act 2013, the court refused to quash the offence as issues were factual. The court directed the applicants to surrender within 30 days for bail consideration and stayed coercive action during this period.

What did the court decide?

Application to quash dismissed; coercive action stayed for 30 days subject to surrender for bail.

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

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 2588 of 2020

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Applicant :- Brahmdev Chaudhary And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tripathi B.G. Bhai Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicants and the learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed with the prayer to quash the chargesheet as well as the entire proceedings of Criminal Case No.2627 of 2019 arising out of Case Crime No.830 of 2017 under Sections 147, 332, 353, 342, 323, 504, 506 IPC and 7 Criminal Law Amendment Act and 3/4 Medical Protection Act, 2013, Police Station Kotwali, District Basti pending in the Court of Chief Judicial Magistrate, Basti. Further prayer has been made to stay the proceedings of the aforesaid criminal case.

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It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention.

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Learned AGA has opposed the prayer.

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From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The prayer made in the application is refused.

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At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.

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Hence, it is directed that in case the applicants surrender before the court below and apply 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 against the applicants.

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It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.

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With the above observations, the application stands disposed of.

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Order Date :- 20.1.2020 ss

Brahmdev Chaudhary and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Brahmdev Chaudhary and Another v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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