Disposed

Somendra and 3 Others v. State of U.P.and Another

Allahabad HC23 May 2022A482/11997/2022

Case brief

AI extract

What is this about?

The High Court declined to quash criminal proceedings u/s 482 Cr.P.C. as the arguments raised factual issues not permissible at this stage. It directed the applicants to move a discharge application before the trial court within one month, during which no coercive action would be taken pending disposal.

What did the court decide?

No coercive action against applicants pending their discharge application decided expeditiously by the trial court.

Somendra and 3 Others Vs State of U.P.and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 11997 of 2022

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Applicant :- Somendra And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer 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 application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Special Session Trial No. 201 of 2022 (State vs. Somendra and others), arising out of Case Crime No. 355 of 2021, under Sections 323, 504, 506 IPC and Section 3(1)Da, 3(1)Dha of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Islam Nagar, District Budaun and also to quash the cognizance/summoning order dated 24.03.2022, passed in aforesaid case.

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It has been argued by the learned counsel for the applicants that the first information report of this case was lodged against the applicants making false and baseless allegations. Earlier the applicant no.4 Harpal has lodged a non-cognizable report against Manoj Yadav, Sanjeev and Kishanveer @ Bhura under Section 323 IPC and these persons have been shown witness in the impugned complaint. The injured persons have not sustained any visible injury. Alternatively it has also been argued by the learned counsel for the applicants that the applicants may be granted an opportunity to move discharge application before court concerned.

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Learned A.G.A. has opposed the application.

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The arguments raised by the learned counsel for the applicants call for determination of question of facts, which is not permissible at this stage. Considering the submission of learned counsel for the applicants that applicants may be granted an opportunity to seek discharge before the trial Court, it is directed that in case applicants move an application for discharge before the court concerned within a period of one month from today, their application for discharge shall be decided expeditiously in accordance with law. For a period of one month from today and in case any such application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants co-operate in early disposal of discharge application.

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The instant application under Section 482 Cr.P.C. is disposed of in above terms.

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Order Date :- 23.5.2022 A. Tripathi

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Digitally signed by AKHILESH TRIPATHI Date: 2022.05.23 18:28:30 IST Reason: Location: High Court of Judicature at Allahabad

Somendra and 3 Others v. State of U.P.and Another

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Somendra and 3 Others v. State of U.P.and Another

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