Manju Devi and 3 Others Vs State of Up and Another — Allahabad HC (2020) — LawSathi Research

Manju Devi and 3 Others Vs State of Up and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Principal quashing prayers (charge-sheet and NBW) and stay prayer dismissed as not pressed; applicants granted four weeks to surrender and apply for bail, bail to be considered per Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh (2009 (3) ADJ 322 (SC)); no coercive action for four weeks, subject to appearance within that period.

Issue for consideration

Whether the charge-sheet in Criminal Case No. 1954 of 2016 (State vs. Anand and others), arising out of Case Crime No. 512 of 2016, P.S. Chilh, District Mirzapur, and the non-bailable warrant dated 15.3.2019 should be quashed.

Court's answer

Since learned counsel did not press the principal prayers for quashing of the charge-sheet and the non-bailable warrant, nor the prayer for stay of proceedings, the application stands dismissed to that extent.

Ratio / Principle

If the applicants appear and surrender before the court below within four weeks and apply for bail, their prayer for bail shall be considered and decided in view of the settled law in Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh Vs. State of U.P. (2009 (3) ADJ 322 (SC)).

Key takeaways

For a period of four weeks no coercive action shall be taken against the applicants; however, if they do not appear before the court below within that period, coercive action shall be taken against them.ratio¶11

Detailed headnote1 paragraphs

Application u/S 482 Cr.P.C. by Manju Devi and 3 others to quash the charge-sheet in Criminal Case No. 1954 of 2016 (State vs. Anand and others), arising out of Case Crime No. 512 of 2016, under Sections 143, 341, 336, 353, 332, 427 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Chilh, District Mirzapur, pending before the 1st Additional Chief Judicial Magistrate, Mirzapur, and the non-bailable warrant dated 15.3.2019. Quashing and stay prayers were not pressed and stood dismissed. Applicants were given four weeks to appear, surrender and apply for bail, to be considered and decided per Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh Vs. State of U.P. (2009 (3) ADJ 322 (SC)); no coercive action for four weeks, failing which coercive action would follow. Application finally disposed of (Rajul Bhargava, J.), order dated 9.1.2020.

Court No. - 66

Case :- APPLICATION U/S 482 No. - 47833 of 2019

Applicant :- Manju Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivekanand,Kalp Nath Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application has been filed by the applicants with the prayer to quash the impugned charge-sheet in Criminal Case No.1954 of 2016, (State vs. Anand and others), arising out of Case Crime No.512 of 2016, under Sections 143, 341, 336, 353, 332, 427 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Chilh, District Mirzapur, pending in the court of 1st Additional Chief Judicial Magistrate, Mirzapur as well as the non-bailable warrant dated 15.3.2019.

At the very out-set 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 impugned order issuing non-bailable warrant as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. 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. It is further pointed out that 9 other co-accused who have been charge-sheeted along with the applicants had challenged the non-bailable warrants in Criminal Misc. Application (U/s 482 Cr.P.C.) No.36623 of 2019 which has been disposed of by the Court with the directions to them to appear before the court concerned and obtain bail vide order dated 1.10.2019.

In view of the submission made by the learned counsel for the applicants, the application so far as it relates to seeking quashing of the charge sheet and the impugned order issuing non-bailable warrant and so far as it relates to seeking stay of the proceedings, stands dismissed.

However, it is directed that if the applicants appear and surrender before the court below within four weeks' from today and apply for bail, their 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.

For a period of four weeks' from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid observations, this application is finally disposed of.

Order Date :- 9.1.2020 Vikas