Disposed

Manni Singh and 2 Others v. State of U.P. and Another

Allahabad HC11 Jan 2021A482/17799/2020

Case brief

AI extract

What is this about?

The court refused to quash criminal proceedings where prima facie cases existed. However, it granted relief by directing that bail applications would be considered favorably if applicants surrendered before the trial court within seven days.

What did the court decide?

Directs that if applicants surrender and apply for bail before the trial court within seven days, the bail prayer shall be considered and decided in view of settled law.

Manni Singh and 2 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 17799 of 2020

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Applicant :- Manni Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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The present 482 Cr.P.C. application has been filed to quash the further proceeding of Case No.1722 of 2009 (State Vs. Pramod Singh @ Bachcha Singh and others), under Sections 420, 406 I.P.C., arising out of Case Crime No.953 of 2009, Police Station Sumerpur, district Hamirpur along with N.B.W. order dated 18.01.2012 along Charge-sheet no.223 of 2009, dated 11.08.2009 as well as Cognizance order dated 14.09.2009 taken by concerned Magistrate, pending in the court of C.J.M., Hamirpur.

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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 a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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Per contra learned A.G.A. submitted that 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 at this stage. All the submissions made at the bar, relate to the disputed questions 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 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 (Para10) 2005 SCC (Cr.) 283 . The disputed defence of the accused can not be considered at this stage. Moreover, the applicants have got a right to discharge through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.

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The submission made by learned A.G.A. have force.

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The prayer for quashing the entire proceeding of the aforesaid case is refused.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within seven days from today and applies for bail, their prayer for bail shall 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. reported in 2004 (57) ALR 290 as well as judgement 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 seven days from today or till applicants

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surrender and apply for bail, whichever is earlier, no coercive action shall be taken against applicants. However, in case, applicants does 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 is finally disposed of.

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Order Date :- 11.1.2021

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R./

Manni Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Manni Singh and 2 Others v. State of U.P. and Another

Case brief

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