Dismissed

Jagdish Singh and Another v. State of U.P.and Another

Allahabad HC21 Jun 2022A482/15267/2022

Case brief

AI extract

What is this about?

The High Court refused to quash the summoning order and criminal proceedings under Section 482 Cr.P.C. as disputes were factual. The court directed the applicants to surrender and allowed an expedited disposal of their bail application.

What did the court decide?

Refused to quash order; directed applicants to surrender within four weeks and requested expedited bail disposal.

Jagdish Singh and Another Vs State of U.P.and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Case :- APPLICATION U/S 482 No. - 15267 of 2022

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Applicant :- Jagdish Singh And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Priyanka Srivastava,Abhishek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 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 summoning order dated 19.01.2021 as well as entire criminal proceeding of Case No.89 of 2021 arising out of Case Crime No.168 of 2020, under Sections 420, 406, 120B I.P.C. & 3/7 Essential Commodities Act, 1955, P.S. Tappal, District Aligarh.

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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.

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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. 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, and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.

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

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However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

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

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Order Date :- 21.6.2022 SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.06.22 15:41:48 IST Reason: Location: High Court of Judicature at Allahabad

Jagdish Singh and Another v. State of U.P.and Another

Case brief

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Jagdish Singh and Another v. State of U.P.and Another

Case brief

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