Chhotkau @ Shri Krishna and Another v. State of U.P. and Another
Case brief
What is this about?
The High Court refused to quash non-bailable warrants and stay proceedings in a rape and extortion case as disputed facts could not be adjudicated under Section 482 Cr.P.C. The court directed the trial court to decide the bail application within 30 days if applicants surrender.
What did the court decide?
Direction to lower courts to decide bail application expeditiously within 30 days if applicants surrender; no coercive action for 30 days.
What the court decided
Court No. - 88
Case :- APPLICATION U/S 482 No. - 7498 of 2021
Applicant :- Chhotkau @ Shri Krishna And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Shri Manvendra Singh, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking quashing of N.B.W dated 27.1.2021 passed by Special Judge S.C./S.T. Act, Fatehpur in Complaint Case No.72 of 2018 (Manorama Vs. Chhotkau @ Sri Krishna and another) under Sections 376, 392, 504 and 506 IPC and 3(2)5 S.C./S.T. Act, Police Station Bindki, District Fatehpur as well as to stay further proceedings of Complaint Case No.72 of 2018.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
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 at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
Issues for consideration
2 issues framed by the court
Whether to quash the N.B.W and stay further proceedings of Complaint Case No.72 of 2018 under Section 482 Cr.P.C.
Whether disputed questions of fact can be adjudicated upon at the stage of quashing proceedings under Section 482 Cr.P.C.
Parties & counsel
- applicant
Chhotkau @ Shri Krishna And Another
Coram
Vipin Chandra Dixit
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/7498/2021
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