Allahabad High Court
Siyaram vs State Of U.P. And Another on 3 January, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 44114 of 2019 Applicant :- Siyaram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Tripurari Pal, learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 11.04.2019 as charge sheet no.95 of 2019 as well as the entire proceedings of Criminal Case No. 1259 of 2019 (State vs. Siyaram & Others) arising out of Case Crime No. 229 of 2018, under Sections 406, 419, 420 I.P.C., Police Station Kaundhiyara, District-Allahabad pending before the court of Additional Chief Judicial Magistrate, Court no.5, Allahabad.
3. Before considering the present application on merits by the Court, learned A.G.A. has raised preliminary objection to the maintainability of the present application by submitting that this is the second application filed by the applicant under Section 482 Cr.P.C. for quashing of the aforesaid criminal case. Though the applicant had earlier approached before this Court by means of Criminal Misc. Application U/s 482 Cr.P.C. No. 43584 of 2019 (Siya Ram and 2 Others Vs. State of U.P. & Another), which has been disposed off by the Co-ordinate Bench of this Court vide order dated 06th December, 2019 but in paragraph no.2 of the affidavit accompanying the present application, it has been stated that this is the First Criminal Misc. Application under Section 482 Cr.P.C. on behalf of the above named applicant before this Hon'ble Court. In view of the aforesaid, the learned A.G.A. submits that this second application under Section 482 Cr.P.C. is not maintainable and is liable to be dismissed.
4. In the first application filed under Section 482 Cr.P.C. by the applicant, following order has been passed:
"Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet no. 95 of 2019 dated 11.04.2019 and entire proceedings of Case No. 1259 of 2019 (State Vs.Siya Ram and others), arising out of Case Crime No.229 of 2018 under Sections 406, 419 and 420 I.P.C., P.S. Kaundhiyara, District-Prayagraj, pending in the court of Additional Chief Judicial Magistrate-V, Prayagraj.
At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.
In view of the submission made by the learned counsel for the applicants, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed off."
In view of the aforesaid, this second application under Section 482 Cr.P.C. for quashing of the same criminal case is not maintainable and is dismissed.
Order Date :- 3.1.2020 JK Yadav