In an application under Section 482 CrPC seeking to quash an FIR and summoning order, the High Court refused the prayer as an offence was made out. The Court directed a speedy discharge trial and barred coercive action for four months.
Prayer for quash refused; discharge trial directed; coercive action barred for four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 87
Case :- APPLICATION U/S 482 No. - 13686 of 2022
Applicant :- Chandra Mohan Singh And 7 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gauri Shanker Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for applicants, learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned complaint bearing Complaint Case No. 954/2020, Vinay Kumar Mishra Vs. Chandra Mohan Singh and others, pending before the Court of Additional Chief Judicial Magistrate, Court No. 10, Allahabad, the consequent impugned summoning order dated 13.12.2021, under Sections 323, 504, 506, 392 I.P.C.
Learned counsel for applicants submitted that entire complaint case is false and frivolous and there is no material against the applicants on charge. It is further submitted that during the pendency of this application, applicant no. 5 Satish died.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicants.
The prayer for quashing the summoning order and complaint case in the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicants move an application for discharge within one month from today before court concerned with certified copy of this order, their application shall be considered and decided in accordance with law by the court concerned within three months.
Till four months, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observation, the application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 1.8.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.02 09:22:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash the FIR and summoning order under Section 482 CrPC given the lack of material against the applicants.
Whether the applicants should be restrained from coercive action during the pendency of the discharge application.
2 provisions across 2 enactments
Chandra Mohan Singh
Om Prakash Tripathi
Sharad Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
