Dwarika Prasad And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 3035 of 2022
 

 
Applicant :- Dwarika Prasad And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Applicant :- Pradeep Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Kunvar Srivastav,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the material available on record.

The instant application under Section 482 Cr.P.C. has been moved on behalf of the applicants for quashing of the charge sheet filed in Criminal Case No.146 of 2021 (State Vs. Dwarika Prasad & others) arising out of Case Crime No.0349 of 2020, under Sections 427, 506, 504, 323, 147 I.P.C., P.S. Sangrampur, District Amethi, pending in the Court of Additional Chief Judicial Magistrate 3rd, Court No.19, Sultanpur as well as entire proceedings in pursuance thereof.

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 Criminal Case No.146 of 2021 (State Vs. Dwarika Prasad & others) arising out of Case Crime No.0349 of 2020, under Sections 427, 506, 504, 323, 147 I.P.C., P.S. Sangrampur, District Amethi, pending in the Court of Additional Chief Judicial Magistrate 3rd, Court No.19, Sultanpur, 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 dispose 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 apply for bail, whichever is earlier, no coercive action shall be taken against them.

Order Date :- 26.5.2022

Krishna*