Kailash Chandra Kapri Vs State of UP (Allahabad High Court)
The applicant filed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings in Case No. 545 of 1991 arising out of Case Crime No. 115 of 1989 under Sections 147, 323, 504 IPC and Section 120 of the Railway Act. The matter pertains to proceedings pending before the court at Allahabad.
Read SC Judgmentin this case: SC Stays Trial in Decades-Old Case Citing 35-Year Delay in Proceedings
Upon examining the material on record, the Court observed that at this stage it could not be concluded that no offence was made out against the applicant. It noted that the submissions raised involved disputed questions of fact, which cannot be adjudicated in proceedings under Section 482 Cr.P.C. Accordingly, the Court held that no case for interference was made out and refused to quash the criminal proceedings.
However, the Court granted liberty to the applicant to appear before the trial court through counsel and file a discharge application within 30 days. It directed that if such an application is filed within the stipulated time, it shall be considered and decided in accordance with law. The Court further ordered that no coercive action shall be taken against the applicant until the discharge application is decided. It clarified that no further time would be granted if the applicant fails to appear within the prescribed period.
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