Dismissed

Rohit Kumar Singh Alias Rohit and Another v. State of U.P. and Another

Allahabad HC30 Aug 2024A482/28743/2024

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings filed by the State. Noting a civil dispute underlying the criminal case, the court dismissed the quashing prayer but granted a stay on coercive actions for 30 days pending a bail application, citing the Supreme Court.

What did the court decide?

Prayer to quash proceedings refused. No coercive action to be taken for 30 days.

Rohit Kumar Singh Alias Rohit and Another vs… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140545

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 28743 of 2024

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Applicant :- Rohit Kumar Singh Alias Rohit And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mukesh Kumar Pandey,Vishal Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for applicant, learned Additional Government Advocate for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 7004 of 2021 (State Vs. Mohit Singh and others) under Section 504, 506 of IPC arising out of Case Crime No.477 of 2020 Police Station Phoolpur, District Varanasi pending in the court of Additional Chief Judicial Magistrate-IV, District Varanasi as well as summoning order dated 10.03.2021 passed in aforesaid case.

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It is submitted by learned counsel for the applicant that a civil suit is pending between the parties before Civil Court, thereafter impugned case has been lodged with intention to harass the applicant. Applicant has been falsely implicated in the present case by opposite party no.2. It is further submitted that there is no evidence of involvement of applicant in the crime. No independent witness has been examined. No case is made out against the applicant. It is submitted that order impugned is perverse and suffers from manifest error of law. Learned Magistrate without applying his mind summoned the accused for facing the trial.

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Per contra learned Additional Government Advocate opposed the contentions made by learned counsel for the applicants and submitted that cognizance order has been passed after considering the evidence available on record, therefore, the present application deserves to be dismissed.

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Considering the facts and circumstances of the case and after going through the available record, the prayer for quashing of the entire proceedings of aforesaid case, cognizance order dated 10.03.2021 is refused.

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However, it is provided that in case the applicant applies for bail within a period of 30 days from today, her application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

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For a period of 30 days or till the applicant surrenders and applies for bail, no coercive action shall be taken against the applicant in the aforesaid case.

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With the aforesaid observation, the application is disposed of.

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Order Date :- 30.8.2024 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Rohit Kumar Singh Alias Rohit and Another v. State of U.P. and Another

Case brief

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Rohit Kumar Singh Alias Rohit and Another v. State of U.P. and Another

Case brief

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