Dismissed

Prince Singh v. State of U.P. and Another

Allahabad HC20 Feb 2020A482/7314/2020

Case brief

AI extract

What is this about?

The court rejected an application under Section 482 Cr.P.C. to quash criminal proceedings regarding a cheque-bounce case, holding that factual disputes require a trial. However, the court allowed the applicant a 30-day window to appear and apply for bail, directing no coercive action during this period if complied with.

What did the court decide?

Quashing refused; Applicant allowed 30 days to apply for bail without coercive action if appearance is made.

Prince Singh Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 7314 of 2020

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Applicant :- Prince Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Mishra,Siddharth Singh Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Court below in pursuance of charge sheet and charge sheet no. 239 of 2018, Case Crime no. 32 of 2018, under section 385 IPC, P.S. Padri, District Mirzapur.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in 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 disputed defence of the accused cannot be considered at this stage.

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Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceeding as well as charge sheet no. 239 of 2018 of the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

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However, it is provided that if the applicant appear and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant 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.

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reported in 2004 (57) ALR 290 as well as judgment 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 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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

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Order Date :- 20.2.2020/A.

Prince Singh v. State of U.P. and Another

Case brief

What is this about?

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Prince Singh v. State of U.P. and Another

Case brief

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