Dismissed

Bahadur @ Bahadur Singh v. State of Up and Another

Allahabad HC27 Jan 2020A482/388/2020

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC seeking quashing of proceedings under the Prevention of Damage to Public Property Act, 1984, the court held that a prima facie case was made out. It refused to quash the proceedings but directed the court below to decide the bail application within 30 days if the applicant surrenders, granting no coercive action for that period.

What did the court decide?

Refused quashing of charge sheet and proceedings; directed bail consideration within 30 days upon surrender; no coercive action for 30 days.

Bahadur @ Bahadur Singh Vs State of Up and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 388 of 2020

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Applicant :- Bahadur @ Bahadur Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Shukla,Alok Kumar Srivastava 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 applicant 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 charge-sheet as well as the entire proceedings of Criminal Case No.1345 of 2017 arising out of Crime No.462 of 2017 under Sections 2 and 3 of Prevention of Damage to Public Property Act, 1984, Police Station Sadabad Kotwali, District Hathras pending in the Court of Additional Chief Judicial Magistrate, Hathras. Further prayer has been made to stay the proceedings of the aforesaid case.

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Only submission of learned counsel for the applicant is that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.

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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 applicant are not made out. 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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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 against the applicant.

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It is made clear that no further time shall be allowed to the applicant 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 :- 27.1.2020 ss

Bahadur @ Bahadur Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Bahadur @ Bahadur Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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