Dismissed

Santosh Jain and 4 Others v. State of U.P. and Another

Allahabad HC23 Feb 2021A482/1137/2021

Case brief

AI extract

What is this about?

Court refused to quash criminal proceedings under Section 482 Cr.P.C. as prima facie offence was made out. Directed applicants to surrender within 30 days to avail bail, prohibiting coercive action during this period.

What did the court decide?

Prayer for quashing refused; applicants directed to surrender within 30 days for bail consideration with stay on coercive action.

Santosh Jain and 4 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2021)

¶1

Court No. - 78

¶2

Case :- APPLICATION U/S 482 No. - 1137 of 2021

¶3

Applicant :- Santosh Jain And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Srivastava,Dileep Kumar

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

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

¶7

This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 5528 of 2020 (State Vs. Santosh Kumar and others) arising out of case crime no. 142 of 2020, under Sections 147, 452, 504, 323, 427, 188 IPC, Section 51(b) Disaster Management Act, 2005 and Section 3 of the Epidemic Disease Act, 1997, Police Station Sipari Bazar, District- Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi.

¶8

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.

¶9

From the perusal of 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 applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court 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 the Supreme Court in case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 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. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.

¶10

The prayer for quashing the proceedings of case as well as

¶11

charge-sheet is refused.

¶12

However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

¶13

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 applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

¶14

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

¶15

Order Date :- 23.2.2021 AK Pandey

Santosh Jain and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Santosh Jain and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prince Sonkar Vs State of U.P. and Another

Sanjay Parmar Vs State of U.P. and Another

Harish Chandra Vs State of U.P. and Another

Jagram Rajpoot Vs State of U.P. and Another

Ramesh Sharma Vs State of U.P. and Another

Asif Ansari and Another Vs State of U.P. and Another