Application under Section 482 CrPC for quashing proceedings was partly withdrawn. Court refused quashing but directed courts to hear bail applications expeditively and stayed coercive action for 45 days pending appearance.
Protection against coercive action for 45 days; order for expeditious hearing of bail application by lower court.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 7941 of 2020
Applicant :- Smt. Vineeta And Anr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire criminal proceedings of Criminal Case No. 1375 of 2018 (State vs. Shiv Kumar and others) arising out of Case Crime No. 964 of 2017, under Sections 452, 323, 324, 504 and 506 IPC, police station Shikohabad, district Firozabad pending in the court Additional Chief Judicial Magistrate-IInd, Firozabad.
After advancing certain arguments at length by learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid proceedings of the case against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
In view of above, the relief as sought by the applicants in the instant application is refused.
Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for
bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. ; (2009) 4 Supreme Court Cases, 437.
For the period of 45 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 27.2.2020
Sumaira
3 issues framed by the court
Whether the applicants are entitled to protection against coercive action pending their appearance in bail applications.
Whether Section 482 CrPC proceedings should be confined to directing expeditious hearing of bail applications.
Whether the quashing of criminal proceedings is legally sustainable or feasible in the present circumstances.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶10
Amrawati and another Vs. State of U.P., 2005 Criminal Law Journal 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
Lal Kamlendra Pratap Singh Vs. State of U.P., (2009) 4 Supreme Court Cases, 437
1 provisions across 1 enactments
Smt. Vineeta And Anr
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
