Allahabad High Court
Ram Pyare And Another vs State Of U.P. And Another on 3 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:57323 Court No. - 90 Case :- APPLICATION U/S 482 No. - 10710 of 2024 Applicant :- Ram Pyare And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Mohan Chaudhary,Uday Singh Patel Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been preferred to quash the entire proceedings of Case Crime No.366 of 1991 (State v. Ram Adhar and others), under Sections 147, 148, 452, 323, 504, 506, 427 I.P.C., Police Station Nawabganj, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.17, Allahabad.
From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.
Accordingly, prayer of the applicants is refused.
However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.
For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Case Crime No.366 of 1991 (State v. Ram Adhar and others), under Sections 147, 148, 452, 323, 504, 506, 427 I.P.C., Police Station Nawabganj, District Allahabad as well as Non Bailable Warrant dated 29.05.2023 pending in the Court of Additional Chief Judicial Magistrate, Court No.17, Allahabad.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 3.4.2024 A.N. Mishra