Dismissed

Pooran Lal and 13 Others v. State of U.P. and Another

Allahabad HC4 Jan 2021A482/16442/2020

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings against the applicants under Section 482 Cr.P.C., holding disputed questions of fact were not for consideration at this stage. The court directed bail consideration within 30 days if applicants surrender and stayed coercive action conditionally.

What did the court decide?

Quashing of proceedings refused. Bail to be considered within 30 days of surrender. Coercive action stayed if they appear.

Pooran Lal and 13 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 16442 of 2020

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Applicant :- Pooran Lal And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar-IX,J.

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

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This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire criminal proceeding of Case No.3025 of 2019 (State Vs. Hulasi Ram and others) arising out of Case Crime No.0134 of 2017, under Sections- 147, 148, 307, 332, 353, 333, 427 IPC and Section 7 Criminal Law Amendment Act, 1932, Police Station- Niuriya, DistrictPilibhit as well as charge sheet dated 05.07.2017 pending in the Court of Chief Judicial Magistrate, Pilibhit.

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It is contended by learned counsel for the applicants that applicants are innocent and have been falsely implicated in this case. He further argued that no offence is disclosed against the applicants and present prosecution has been instituted with a malafide intention for the purpose of harassment.

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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 applicants. All the submissions made by the learned counsel for the applicants 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 law laid down by the Apex Court in State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426 . Disputed defence of the applicants cannot be considered at this stage.

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In view of the above, the prayer for quashing the entire proceedings and charge sheet of the aforesaid case pending before the court concerned is refused.

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However, considering the nature of the allegations made in the FIR and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned within 30 days from today and apply for bail, the same shall be considered and decided

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expeditiously by the courts below.

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For a period of 30 days from today or till the date of surrender of the applicants before the Court below whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this application u/s 482 is disposed of finally.

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Order Date :- 4.1.2021 Ashutosh Pandey

Pooran Lal and 13 Others v. State of U.P. and Another

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Pooran Lal and 13 Others v. State of U.P. and Another

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