Dismissed

Smt. Bimlesh and 2 Others v. State of U.P. and Another

Allahabad HC11 Jan 2021A482/17925/2020

Case brief

AI extract

What is this about?

This court refused to quash criminal proceedings instituted against applicants. The court held that disputed factual defenses cannot be adjudicated under Section 482 Cr.P.C. However, an interim direction was issued barring coercive action for 30 days, pending surrender and bail application.

What did the court decide?

Interim direction: No coercive action against applicants for 30 days from the order date or until they surrender and apply for bail, whichever is earlier.

Smt. Bimlesh and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 17925 of 2020

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Applicant :- Smt. Bimlesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Srivastava,Alka Srivastava 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 entire proceedings of Criminal Case No.2271 of 2020 (State Vs. Ajay Bahadur and others) including charge sheet no.157 of 2020 dated 08.05.2020, in Case Crime No.69 of 2020, under Sections 147, 149, 353, 225-B and 186 I.P.C., Police Station Kithore, district Meerut, pending in the court of 3rd Additional Chief Judicial Magistrate, Meerut.

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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 30 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 30 days from today or till applicants surrender and apply for bail, whichever is earlier, no coercive action shall

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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./

Smt. Bimlesh and 2 Others v. State of U.P. and Another

Case brief

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Smt. Bimlesh and 2 Others v. State of U.P. and Another

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