Allahabad High Court
Uma Shankar Mishra And Others vs State Of U.P. Thru. Prin. Secy. ... on 23 May, 2022
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 2687 of 2022
Applicant :- Uma Shankar Mishra And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another
Counsel for Applicant :- Aman Kumar Shrivastav,Suraj Singh Visen
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the applicants and learned A.G.A. for the State are present in the Court.
The present application under Section 482 Cr.P.C. is moved to quash the impugned charge sheet No.304 of 2020, dated 22.11.2020 in Case No. 3615 of 2022 (State Vs. Uma Shankar Mishra and others) arising out of Case Crime No.261 of 2020, under Sections 325, 308, 323, 504, 506 I.P.C., registered at Police Station Maheshganj, District Pratapgarh, as well as summoning order dated 04.04.2022 passed by Chief Judicial Magistrate, Pratapgarh.
Learned counsel for the applicants submits that the court below is proceeding at the stage when charges are still to be framed and the materials, found during investigation by the police, are to be presented before the court below, whereupon cognizance has been taken.
On the basis of materials placed on record, learned counsel for the applicants fails to show any manifest error in the proceeding pursuant to lodging of the complaint. Even no prima facie case for the quashment of proceeding is disclosed from the materials on record to invoke the Court's extraordinary power to interfere for the reason of abuse of process or necessary to serve the ends of justice, rather application seems to be an effort of stifling the process of the Court. The case, prima facie, does not fall under any category of illustration given in the judgment of State of Haryana & Others Vs. Ch. Bhajan Lal & Others [AIR 1992 SC 604].
Accordingly, this application under Section 482 Cr.P.C. is disposed of with a direction that if the accused-applicants in Case No. 3615 of 2022 (State Vs. Uma Shankar Mishra and others) arising out of Case Crime No.261 of 2020, under Sections 325, 308, 323, 504, 506 I.P.C., registered at Police Station Maheshganj, District Pratapgarh, appear/surrender and move an application for bail before the courts below, within a period of 15 days from the date of order, the court concerned is directed to disposed of the bail application, if possible, on the same day, ensuring further participation of the accused-applicants in the proceeding before the court.
Meanwhile, for the aforesaid period of 15 days or the date when the accused-applicants appear/surrender before the court and applies for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 23.5.2022
Krishna*
