The High Court disposed of a Section 482 Cr.P.C. application without quashing the FIR or summons. Instead, it directed the applicant to appear within 15 days and apply for bail, which lower courts must hear and dispose of expeditiously.
Direction to appear within 15 days to apply for bail which shall be heard expeditiously.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 7499 of 2022
Applicant :- Jaleshwar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelabh Srivastava,Sumit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire criminal proceedings of Criminal Case No. 561 of 2019 arising out of Charge Sheet No. 126/2019 dated 16.08.2019, under Sections 452 & 323 I.P.C. in Case Crime No. 155/2019 (State of U.P. Vs. Jaleshwar Singh) as well as cognizance and summoning order dated 01.10.2019, P.S.Allahganj, District- Shahjahanpur bending before the Civil Judge (Junior Division), Shahjahanpur.
Learned counsel for the applicant contended that incident took place on 01.07.2019 at 11:00 p.m. There are four injures on the body of the injured and there is no fracture. All the witnesses belongs to the same family. No independent witness has been examined by the Investigating Officer. Only on the ground of independent witness entire prosecution story is false. Witnesses mentioned in the F.I.R. has not been examined.
At this stage, learned counsel for applicant only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.
The application is, therefore, disposed of with the direction that if the applicant appears and surrenders before the court concerned within 15 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 20.7.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.20 16:12:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused is entitled to an order directing the courts below to expeditiously hear and dispose of bail application within 15 days of appearance.
Whether the prosecution story is false due to lack of independent witnesses.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherRelied on¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersRelied on¶9
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Jaleshwar Singh
State of U.P.
Another
Om Prakash Tripathi
Sharad Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
