Partly allowed

Ompal and Another v. State of U.P. and Another

Allahabad HC18 Feb 2021A482/2571/2021

Case brief

AI extract

What is this about?

The High Court dismissed the application to quash criminal proceedings under Section 482 Cr.P.C. as the applicant failed to establish sufficient grounds. The Court directed the applicants to surrender within 30 days for bail consideration under a conditional liberty order.

What did the court decide?

Applicants granted 30 days to appear and surrender for bail; coercive action stayed during this period; principal prayer for quashing dismissed.

Ompal and Another Vs State of U.P. and Another — Allahabad HC (2021) — LawSathi Research

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 2571 of 2021

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Applicant :- Ompal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants, Sri Nikhil Chaturvedi learned A.G.A for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No. 662 of 2019 (State Vs. Ompal & another), arising out of Case Crime No. 278 of 2018, under Section 420 IPC, Police Station Awagarh, District Etah, pending in the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Jalesar, Etah as well as charge sheet and summoning order.

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Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.

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In view of the above, the relief as sought in the instant application, is refused.

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At this stage, counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by learned counsel for the applicants is for expeditious disposal of their bail application.

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Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.

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For a period of 30 days from today or till appearance of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against the applicants.

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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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It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.

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With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 18.2.2021 Lbm/-

Ompal and Another v. State of U.P. and Another

Case brief

What is this about?

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Ompal and Another v. State of U.P. and Another

Case brief

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