Disposed

Lal Chandra and 3 Others v. State of Up and Another

Allahabad HC14 Jan 2020A482/607/2020

Case brief

AI extract

What is this about?

In an S. 482 Cr.P.C. application seeking quashing of criminal proceedings, the single judge declined to quash the case due to disputes of fact. Instead, directed the lower court to consider bail applications expeditiously and granted a one-month moratorium on coercive action if applicants surrender.

What did the court decide?

Direction to lower court to consider bail applications expeditiously and grant one month for surrender without coercive action.

Lal Chandra and 3 Others Vs State of Up and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 607 of 2020

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Applicant :- Lal Chandra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of criminal case no.2539 of 2019, State versus Phool Chandra and others, (Case Crime No.112 of 2019), under Sections 308, 323 and 504 IPC, Police Station Rudhauli, District Basti as well as charge sheet dated 17.07.2019 as well as cognizance order dated 30.11.2019 passed by Additional Chief Judicial Magistrate, Court No.9, Basti.

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Learned Counsel for the applicants submits that applicants are innocent. They have committed no offence and they have been falsely implicated in the present case. Lastly he submits that applicants are ready to approach the Court below for bail, therefore, they may be given some time to surrender before the Court below and a suitable direction be issued for considering their bail applications on the same day, in accordance with law.

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On the other hand, learned AGA refuted the submissions made by learned Counsel for applicants and he has no objection to the aforesaid request regarding the direction of bail.

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Considering over all circumstances of the case and rival submissions made by learned Counsel for the parties, it cannot be said that no prima-facie case is made out. Submissions made at bar relates to dispute questions of fact, it cannot be considered by the court at this stage under Section 482 Cr.P.C.

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Present application is dispose of with a direction to the Court below to consider the bail application of the applicants expeditiously, in accordance with law, and keeping in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ

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151 . If applicants surrenders and applies for bail within a period of one month from today.

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For a period of one month from today or till their surrender whichever is earlier, 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, appropriate action shall be taken against them, in accordance with law.

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Order Date :- 14.1.2020 I.A.Siddiqui

Lal Chandra and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Lal Chandra and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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