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2014 Supreme(All) 2109
ALLAHABAD HIGH COURT
Ashok Pal Singh, J.
Ram Pratap and Anr. - Appellant
Versus
State of U.P and Anr. - Respondent
U/S 482/378/407 No. - 1638 of 2014
Decided On : 07-04-2014
For the Applicant :- Sadhu Sharan Chaubey
For the Respondent:- Govt. Advocate
The court's decision was guided by the legal provisions under Section 482 Cr.P.C. and the settled law by the Apex Court and Full Bench of the Court.
Headnote:
Section 482 Cr.P.C. - Quashing of chargesheet - Surrender and bail application - Refusal to quash chargesheet but granting time for surrender and bail application - No coercive steps against petitioner for one month or till surrender - Legal provisions under Section 482 Cr.P.C. and settled law by the Apex Court and Full Bench of the Court influencing the decision
Fact of the Case:
The petitioners sought to quash the chargesheet arising from a criminal case and requested for a stay on the further proceedings of the criminal case pending in the Court of A.C.J.M., Ambedkar Nagar.
Finding of the Court:
The court refused to quash the chargesheet but provided the petitioner with one month to surrender before the Court and apply for bail. It also directed that no coercive steps shall be taken against the petitioner for one month or till surrender.
Issues: Quashing of chargesheet, surrender and bail application, coercive steps against the petitioner
Ratio Decidendi: The court's decision was influenced by the legal provisions under Section 482 Cr.P.C. and the settled law laid down by the Apex Court and the Full Bench of the Court.
Final Decision: The petition was disposed of finally with the directions mentioned above.
Hon'ble Ashok Pal Singh, J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
2. By means of instant petition under Section 482 Cr.P.C. the petitioners have prayed for quashing the impugned chargesheet No. 03/2014, arising out of case crime no. 115 of 2013 (State Vs. Ram Ujagit & Others) under Section 452 , 3213, 504, 506, 427, 352 I.P.C., P.S. Bevana, District - Ambedkar Nagar as well as for staying the further proceeding of Criminal Case No. 2924 of 2014 pending in the Court of A.C.J.M., Ambedkar Nagar.
3. After making arguments at some length, learned counsel for the petitioner submits that he may be granted some time to surrender before the Court below and to move bail application, which may be decided expeditiously.
4. In view of above, the prayer for getting the chargesheet quashed is refused. However, it is provided that if the petitioner surrenders before the Court below within one month from today and applies for bail, his prayer for bail shall be considered and decided by the Court below expeditiously in accordance with law keeping in view the settled law laid down by the Apex Court in the case reported in 2009 (3) ADJ 322 (SC) : Lal Kamlendra Pratap Singh Vs. State of U.P. and by the Full Bench of this Court in the case reported in 2004 (57) ALR 2901 : Amrawati & Anr Vs. State of U.P.
5. For one month or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner.
With the aforesaid directions, the petition is disposed of finally.
