Allahabad High Court
Awdhesh Mishra And 3 Others vs State Of U.P. And Another on 5 December, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 42498 of 2019 Applicant :- Awdhesh Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.04.2012 and cognizance order dated 18.05.2012 as well as the entire proceedings of Case No. 266 of 2012 (State Vs. Awdhesh Mishra and others), arising out of Case Crime No. 144A of 2012, under Sections- 147, 452, 323, 504, 506, 308 I.P.C., Police Station- Turk Patti, District- Kushi Nagar, pending in the court of Civil Judge (Junior Division), Kushi Nagar.
3. Learned counsel for the applicants submits that the applicant no. 1 is Teacher in Government School and other applicants and opposite party no. 2 are family members and reside in the same village. The dispute is pending between the parties. In para 17, he has stated that the applicants have already been granted bail.
4. Learned counsel for the applicants submits that no offence is made out against the applicants and the present prosecution has been instituted with a mala fide intention for the purpose of causing harassment.
5. In the absence of any of the grounds recognized by the Supreme Court which might justify the quashing of complaint or the impugned proceedings, the prayer for quashing the same is refused as I do not see any abuse of the courts process either. The summoning court has been vested with sufficient powers to discharge the accused even before the stage to frame the charges comes, if for reasons to be recorded it considers the charge to be groundless.
6. As requested, the applicants are permitted to appear before the concerned court within one week from today and move an application claiming discharge. The concerned court shall decide the application on merits, in accordance with law, within a period of two months from the production of the certified copy of this order.
7. No coercive measures shall be adopted against the applicants for a period of two months from today or till the disposal of the discharge application, whichever is earlier.
8. If the concerned court feels persuaded to have the view that the accused ought not to have been summoned and the charge is groundless it shall not abstain from discharging the accused only on the ground that the material available at the time of summoning was the same which is available on record at the time of hearing the discharge application. On the other hand, if the lower court holds the view that the accused has been rightly summoned and the material brought on record does not indicate the charges to be groundless it shall make an order to that effect and proceed further in the matter, in accordance with law and shall also be free to adopt such measures to procure the attendance of the accused as the law permits.
9. With the above observations, this application stands disposed of.
Order Date :- 5.12.2019 Priya